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08-07-19 CC Agenda Packet (entire)      REGULAR MEETING AGENDA      1.  Call to Order    A.  Pledge of Allegiance  Pages    B.  Roll Call      C.  Presentation: Junior Leader Recognition  3    D.  Presentation: Minnesota Recreation and Parks Association Awards of Excellence for  Brookview Lawn Bowling Green  4    2.  Additions and Corrections to Agenda    3.  Consent Agenda    Approval of Consent Agenda ‐ All items listed under this heading are considered to be routine  by the City Council and will be enacted by one motion. There will be no discussion of these  items unless a Council Member so requests in which event the item will be removed from the  general order of business and considered in its normal sequence on the agenda.      A.  Approval of Minutes:         1.  City Council Meeting – July 16, 2019  5‐7    B.  Approval of City Check Register  8    C.  Minutes of Boards and Commissions:        1.  Planning Commission – June 24, 2019  9‐18      2.  Board of Zoning Appeals – June 25, 2019  19‐25      3.  Environmental Commission – May 20, 2019  26‐28      4.  Open Space & Recreation Commission – May 27 and June 24, 2019   29‐35      5.  Rising TIDES Task Force – May 14 and June 11, 2019  36‐39      6.  Bassett Creek Watershed Management Commission – June 20, 2019   40‐44    D.  Support Submittal of Application to Hennepin County for Tree Canopy Grant 19‐44  45‐48    E.  Approve Agreement with Canadian Pacific for DeCola Ponds B and C Improvement  Project  49‐92    F.  Receipt of June Financial Report  93‐106    4.  Public Hearing      5.  Old Business    A.  Minor PUD Amendment – The Xenia Apartments PUD No. 113, Amendment #3 – 770  Xenia Avenue South (Tabled from the July 16 City Council meeting)  107                  Aug 7, 2019 – 6:30 pm  Council Chambers  Golden Valley City Hall  7800 Golden Valley Road  City of Golden Valley     City Council Regular Meeting  Aug 7, 2019 – 6:30 pm          2  6.  New Business    All Ordinances listed under this heading are eligible for public input.    A.  Review of Council Calendar      B.  Mayor and Council Communications      7.  Adjournment                        Executive Summary   Golden Valley City Council Meeting  August 7, 2019    Agenda Item   1. C. Presentation: Junior Leader Recognition    Prepared By  Heidi Weiler, Recreation Coordinator for Golden Valley Parks & Recreation    Summary  The City of Golden Valley Parks and Recreation recognizes its first “Junior Leader” program  volunteers. Junior Leaders dedicate their time and commitment to our parks and recreation  programs. The new Junior Leader program for 14‐15 year olds stands to educate teens about the  work force and the parks and recreation field. The Junior Leaders have been role models for  program participants throughout the summer season and have shown dedicated leadership and  community service for the City of Golden Valley.     Sam Van Sloun and Nora Conzemius (not present) are presented with a Certificate of Recognition  on behalf of the Mayor and City Council for volunteering their time to positively represent the  City of Golden Valley.     Executive Summary Golden Valley City Council Meeting August 7, 2019 Agenda Item 1. D. Presentation: Minnesota Recreation and Parks Association Awards of Excellence for Brookview Lawn Bowling Green Prepared By Rick Birno, Director of Parks & Recreation Summary The Minnesota Recreation and Parks Association (MRPA) annually recognizes agencies, organizations and institutions in Minnesota for outstanding programs, projects, and initiatives through its Award of Excellence program. This distinguished recognition is for projects completed the previous year that score highly in regards to the Awards of Excellence program criteria. This year, the new Lawn Bowling Green at Brookview was recognized in the category of Parks & Facilities Bridget Lindeman, Minneapolis Parks & Recreation Board, will be representing MRPA and be in attendance to present the Award of Excellence to the City of Golden Valley. REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:45 pm by Mayor Harris. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Joanie Clausen, Larry Fonnest, Gillian Rosenquist and Steve Schmidgall Staff present: City Manager Cruikshank, City Attorney Cisneros and City Clerk Luedke Mayor Harris asked for a moment of silence for Golden Valley Fire Fighter Josh Richardson who lost his battle with cancer and passed away. 1C. 2018 Police Department Annual Report Chief Sturgis presented the Police Department’s 2018 Annual Report which included the 2018 crime statistics and answered questions from Council. 2. Additions and Corrections to Agenda MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to approve the agenda of July 16, 2019, as submitted and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to approve the consent agenda of July 16, 2019, as submitted and the motion carried. 3A1. Approve Minutes of Council/Manager Meeting – June 11, 2019. 3A2. Approve Minutes of City Council Meeting – July 2, 2019 3B. Approve City Check Register and authorize the payments of the bills as submitted. 3C. Minutes of the Boards and Commissions: 1. Human Rights Commission Minutes – May 28, 2019 2. Bassett Creek Watershed Management Commission – May 16, 2019 3D. Bids and Quotes: 1. To enter into a Contract with Dahn Construction Company LLC for DeCola Ponds B & C Improvement Project in the amount of $2,942,124. 2. Award contract for Infrared Radiant Heat Replacement Project to UHL Company in the amount of $149,850. 3E. Authorize entering into agreement for stream bank stabilization with the Bassett Creek Watershed Management Commission and an agreement for stream bank stabilization with Anthony and Lisa Carlson at 510 Cloverleaf Drive. July 16, 2019 – Immediately following HRA Meeting Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley City Council Regular Meeting Minutes July 16, 2019 – 6:30 pm 2 3. Approval of Consent Agenda - continued 3F. Adopt Resolution 19-43, appointing the Data Practices Compliance Official, Responsible Authority and adopting updated Data Practices Policies for the Minnesota Government Data Practices Act for the City of Golden Valley. 4. Public Hearing 4A. Public Hearing – Approval of Conditional Use Permit 169 – Operation of an Adult Day Care Facility in an Industrial Zoning District – 2300 Nevada Ave N, Suite #300 Planning Manager Zimmerman presented the staff report and answered questions from Council. Mayor Harris opened the public hearing. Mr. Saeng Kue, Applicant, provided information on himself, his business practices and the proposed Adult Day Care Facility. He answered questions from the Council. Mayor Harris closed the public hearing. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to adopt Ordinance #667, approval of Conditional Use Permit 169 allowing for the operation of an Adult Day Care Facility within an Industrial Zoning District. Upon a vote being taken, the following voted in favor of: Clausen, Fonnest, Harris, Rosenquist, and Schmidgall, the following voted against: none and the motion carried. 5. Old Business 6. New Business 6A. Minor PUD Amendment – The Xenia Apartments PUD No. 113, Amendment #3 – 770 Xenia Avenue South Planning Intern Anderson presented the staff report and answered questions from Council. Planning Manager Zimmerman, City Manager Cruikshank, and City Attorney Cisneros answered questions from Council. The was much Council discussion regarding the Minor PUD amendment proposal of request for The Xenia Apartments. MOTION made by Council Member Schmidgall, seconded by Council Member Clausen to table PUD No. 113, Amendment 3 for The Xenia Apartments to the August 7, 2019, City Council meeting. Upon a vote being taken, the following voted in favor of: Clausen, Fonnest, Harris and Schmidgall, the following voted against: Rosenquist and the motion carried. 6B. Review of Council Calendar The Water Day at Scheid Park will be held on July 19, 2019, from 12:30 to 2 pm. City of Golden Valley City Council Regular Meeting Minutes July 16, 2019 – 6:30 pm 3 6B. Review of Council Calendar - continued Some Council Members may attend the Market in the Valley on July 21, July 28, and August 4, 2019, from 9 am to 1 pm in the City Hall Campus Parking Lot. Some Council Members may attend the Open Space and Recreation Commission meeting on July 22, 2019, at 5:30 pm at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Brookview 50th Celebration July 26 through 28, 2019, at multiple times at Brookview located at 316 Brookview Parkway. Some Council Members may attend the Golden Valley Business Council meeting on July 25, 2019, from 7:30 to 8 am at Brookview located at 316 Brookview Parkway. A Concert in the Park featuring Tailspin will be held on July 29, 2019, at 7 pm at Brookview Park located at 200 Brookview Parkway. Some Council Members may attend the Penny Carnival on August 2, 2019, from 12:30 pm to 2 pm at Brookview Park located at 200 Brookview Parkway. Some Council Members may attend the Public Forum for Tobacco Regulations on August 5, 2019, from 6 to 8 pm at Brookview located at 316 Brookview Parkway. A Concert in the Park featuring Wondercure will be held on August 5, 2019, at 7 pm at Brookview Park located at 200 Brookview Parkway. The Minnesota Night to Unite celebrations will be held on August 6, 2019, at various times and locations within Golden Valley. The next City Council meeting will be held on Wednesday, August 7, 2019, at 6:30 pm. 6C. Mayor and Council Communication Mayor Harris updated the Council on the Blue Line Extension Corridor Management Committee that he, and Council Members Clausen and Rosenquist attended. Council Member Clausen and Rosenquist provided additional information on the meeting. 7. Adjourn MOTION made by Council Member Schmidgall, seconded by Council Member Rosenquist and the motion carried to adjourn the meeting at 8:45 pm. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk Executive Summary For Action Golden Valley City Council Meeting August 7, 2019 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Attachments Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/Public/Browse.aspx?startid=717279&dbid=2 The check register for approval: o 07/26/2019 Check Register Recommended Action Motion to authorize the payment of the bills as submitted. REGULAR MEETING MINUTES Call to Order The meeting was called to order at 7 pm by Chair Blum. Roll Call Commissioners present: Rich Baker, Ron Blum, Adam Brookins, Andy Johnson, Lauren Pockl, Ryan Sadeghi, and Chuck Segelbaum Commissioners absent: None Staff present: Planning Manager Jason Zimmerman, Senior Planner/Grant Writer Emily Goellner, and Planning Intern Emily Anderson Council Liaison present: None Approval of Agenda MOTION made by Brookins, seconded by Johnson to approve the agenda of June 24, 2019, as submitted and the motion carried unanimously. Approval of Minutes MOTION made by Johnson, seconded by Pockl to approve the June 10, 2019, minutes as submitted and the motion carried unanimously. Public Hearing – Conditional Use Permit #169 Applicant: LSHLC Golden Valley Adult Day Program Address: 2300 Nevada Ave N, Suite #300 Purpose: Adult Day Care in the Industrial Zoning District Zimmerman referred to a location map of the subject property and explained the applicant’s request to operate an adult day care facility in an Industrial Zoning District. He stated that the existing building is an 18,991 sq. ft., multi-tenant building housing a construction office, computer support services, and storage, and that the suite in question is 4,505 sq. ft. He added that there are currently 55 striped parking spaces and a secure area for trucks and equipment Zimmerman discussed the proposed use of the property which includes adult day care for up to 50 clients, with an average of 25 to 35 clients on site daily. He noted that licensing from the MN Department of Human Services would be required and that there would be 7 full time employees, and 3 part-time consultants. The hours would be 8 am to 5 pm, Monday thru Friday, there would be two 15- passenger vans and 4 minivans for transporting clients, there would be no food preparation on site, and no external modifications would be made to the building. June 24, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 2 Zimmerman referred to the parking regulations and stated that 59 parking spaces are required. He said there are currently 55 parking spaces plus the area in the secured lot so the deficit of 4 spaces can be accommodated through proof of parking in the secure area along the east edge of the lot. Zimmerman stated that the proposed use meets all of the factors of evaluation outlined in the City Code so staff is recommending approval of the Conditional Use Permit. Baker asked who owns the building. Zimmerman stated that the construction company located in the building owns the property. Baker asked about the guarantee regarding the proof of parking area and if it is part of the applicant’s lease. Zimmerman explained that staff is asking for the proof of parking spaces as a fallback in case there is a parking need in the future. Segelbaum asked if Conditional Use Permits typically list the hours of operation in the conditions of approval, or if it is ok to leave it out. Zimmerman said it is up to the Planning Commission, but it is more commonly a condition of approval if there are conflicts with neighboring properties or if there are residential properties nearby. Baker said because of past experience with an adult daycare being used evenings and weekends he thinks it might be smart to list the hours of operation in the conditions of approval. Zimmerman noted that if the applicant’s hours were to change at all they would have to go through the amendment process. He added that if the Planning Commission is comfortable with the hours listed in the application they could use those hours as their criteria for a condition of approval. Segelbaum noted that the Building and Fire codes cap the occupancy at 50 people and asked if that includes staff. Zimmerman stated that those codes list how many people can be in the building which might be different than what the applicant’s state license allows. Sadhegi asked if there would be any exterior amenities. Zimmerman said no. Johnson asked if ADA compliance is handled through the licensing process. Zimmerman said that would be reviewed during the building permit application process. Johnson asked how many Golden Valley residents would be served by this company. Zimmerman said that was not known at this time. Johnson asked about the common area shown on the floor plans. Zimmerman explained that area is the common hallway space used by three suites to exit the building. Pockl asked where the entrance to the building is and if vans dropping off and picking up would block any entrances. Zimmerman referred to an aerial photo of the site and noted that no entrances would be blocked. Saeng Kue, Applicant, said they have been located in north Minneapolis for the last 10 years and they’ve decided to move to a quieter area. He said he would like Golden Valley residents to participate and City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 3 explained that there is a ramp access in the front of the building and a garage access they can use in the winter. Baker asked if their north Minneapolis location will continue. Kue said no. Segelbaum asked Mr. Kue to explain how the passenger vans and minivans would be used. Kue explained that in the morning they use the passenger vans to pick clients up and during the daytime they use the minivans to bring clients to appointments and activities. He added that he has been observing the site for approximately a month and has not noticed much traffic activity. Segelbaum asked Mr. Kue how this location would differ from ones he has previously run. Kue said the State will determine the number of clients they can have. He said they will probably have 25-30 clients with 7 staff. He noted that in their Minneapolis location they had 5,500 square feet and had approximately 40 clients. Johnson asked Mr. Kue how many Golden Valley residents they would serve. Kue said he doesn’t know yet, but he will be talking to community organizations and churches about their services. Blum asked Mr. Kue if Golden Valley is part of their target market. Kue said they have a combination of clients. Blum opened the public hearing. Jon Halverson, 2401 Nevada Avenue, said he was recently at a City meeting regarding the creation of a bike path on Nevada Avenue which is going to make parking an issue because parking would only be allowed on one side of the street. He said he has had problems with people parking in front of his building causing problems with entering and exiting which is dangerous so he thinks there could be a real problem with visitors coming to this site because parking is already an issue. Seeing and hearing no one else wishing to comment, Blum closed the public hearing. Blum asked staff to comment on the parking on Nevada Avenue. Goellner stated that the Council will consider a bike lane installation at their meeting in July. She said there is a proposal that would restrict parking on the west side of the Nevada Avenue and the South side of Sandburg Road and there is another proposal that would not remove any parking. She said when staff evaluates parking they only consider spaces that are on the property itself, so the use in question would probably not have any parking impacts on the street. She added that as far as the on-street parking issues discussed she is not sure where that is being generated from so it’s hard to say. Baker said it might be worth adding a condition that requires a formal agreement with the applicant and property owner regarding the four needed parking spaces. Segelbaum asked if anything could be done regarding parking relative to the rest of the tenants in the building. Baker said he wants to be respectful to the fact that they are dealing with this specific Conditional Use Permit and he doesn’t want to solve other parking problems as a part of this request. City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 4 Brookins stated that he would leave the parking considerations as recommended. He said that if this space was used as by right office space the parking requirement would be 18 parking spaces. In this case, 10 are required which leaves eight extra spots compared to what could be there. Segelbaum asked if by right uses still have to show they have sufficient parking. Zimmerman said the Zoning Code does require a minimum number of parking spaces and when new buildings are built or some Planning action is required it is easy to determine parking, but it is difficult to track each specific use in each building, especially in multi-tenant buildings. Blum said the next concern was about visitors to this site adding to the parking conditions. Brookins said he thinks this building is better designed than others that have a similar use and he feels comfortable recommending approval. Baker referred to the hours of operation and said it would be good to have some idea of what the applicant’s hours are going to be. Segelbaum suggested a condition that allows their hours to be 7:30 am to 6 pm. Blum said the normal operating hours he heard the applicant discuss were 8:30 am to 4 pm. Johnson said the applicant should abide the hours they listed in their application because they should know what’s best for their business. Baker said when they described their hours they may not have known there could be restrictions placed on them. Blum referred to a map showing surrounding properties. He noted that there are some residential properties to the southwest and asked how far away those properties are from the subject property. Zimmerman said he didn’t know but there are trees, railroad tracks, and another building in between so he would guess the residential properties were approximately 400 feet away. Blum stated that past complaints have been of night time uses near residential areas so he thinks it is relevant and reasonable to ask for operating hours based on that. Pockl asked for clarification on what hours of operation are being recommended. Mr. Kue said that as a service organization they sometimes work late or early and have occasional celebrations, but based on their current facility their normal operating hours would be from 8 am to 5 pm. Blum asked about the earliest and latest times clients are at the facility. Kue said most of their clients are dropped off between 8:30 and 9 am and leave around 3 to 3:30 pm. Baker asked Mr. Kue if 7 am to 6 pm would accommodate all of their activities. Kue said yes. Segelbaum said he would be interested in limitations on the hours when they have clients, and not limitations on the hours in which they can operate their business or have an occasional evening activity. He noted that there are noise ordinances and other regulations that businesses are also subject to. Baker said he doesn’t want to say they can only have clients between 8 am to 5 pm. Segelbaum said he would recommend 7 am to 6:30 pm with no other limitations. Johnson reiterated that he thinks the City should give the applicant the hours he asked for (8 am to 5 pm) and said it is not the Planning Commissions role to set the applicant’s hours. Brookins said he doesn’t think the Planning Commission is trying to set the applicant’s hours they are trying to limit when they can’t operate. City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 5 Blum asked Johnson if there is value in being more expansive as a way to minimize bureaucratic involvement and staff time by giving a larger, equally acceptable timeframe to the applicant upfront and saving a little bit on resources anticipating there may be a change even though there might not be. Johnson said that is the cost of doing business and they should make sure applicants are well versed in what they ask for. He said he is really leery to tell an applicant what their hours can be and that they should recommend approval based on what is asked. Pockl said when they discuss expanding hours they aren’t basing it on the applicant’s history and understanding. She said the Planning Commission has a history that they are basing recommendations on and are trying to prevent reoccurrences of things that have happened previously. She said that warrants some consideration in order to prevent the applicant having to come back to request additional hours, or having incidents of applicants working outside their permitted hours. Segelbaum referred to condition number two in the staff report where it states “…must serve no more than 50 clients” and said he assumes that means at any one time. Zimmerman clarified that the applicant can have not more clients than his state license allows. MOTION made by Segelbaum, seconded by Baker and motion carried 6 to 1 to recommend approval of Conditional Use Permit 169 allowing for an Adult Day Care Facility in the Industrial Zoning District at 2300 Nevada Avenue North, subject to the following findings and conditions. Commissioner Johnson voted no. Findings: 1. Demonstrated Need for Proposed Use: Standard met. Adult day care continues to be in demand in the Twin Cities area as evidenced by numerous inquiries received by City staff in recent months. 2. Consistency with the Comprehensive Plan: Standard met. The proposed use is not inconsistent with the Industrial designation in the Comprehensive Plan, which allows for adult day care facilities. 3. Effect upon Property Values: Standard met. There are no anticipated modifications to the exterior of the building. 4. Effect on Traffic Flow and Congestion: Standard met. Traffic to and from the site is expected to be minimal as the daily clientele will arrive and depart via two passenger vans and four minivans. The traffic volumes on Nevada Ave and Sandburg Rd are sufficiently low to handle these additional trips. 5. Effect of Increases in Population and Density: Standard met. The number of daytime persons being added to the site is not anticipated to have a negative effect on the area, which is Industrial in nature. 6. Compliance with the City’s Mixed-Income Housing Policy: Not applicable. 7. Increase in Noise Levels: Standard met. The proposed use is not anticipated to generate excessive noise. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration: Standard met. The proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin: Standard conditionally met. The proposed use is not anticipated to attract pests. However, a secure garage enclosure will be required in order to ensure food scraps are not accessible to rodents or other pests. City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 6 10. Visual Appearance: Standard met. There are no planned modifications to the exterior of the property, suggesting there will be no visual impact from the proposed use. 11. Other Effects upon the General Public Health, Safety, and Welfare: Standard conditionally met. If the limits on the number of persons to be served as determined by the Minnesota Department of Human Services are followed, the proposed use is not anticipated to have any other impacts on the surrounding area. Conditions: 1. Any outdoor trash enclosure shall be designed to prevent access by rodents or other pests or vermin, as approved by City staff. 2. Maximum occupancy for Suite #300 must be established by the State Building and Fire Codes as well as the Minnesota Department of Human Services. It must be adequately recorded in the Conditional Use Permit upon approval by the Building Official and must serve no more than 50 clients at any one time. If additional space is desired in the future, the Conditional Use Permit must be amended to reflect the increased size and capacity. 3. All necessary licenses must be obtained by the Minnesota Department of Human Services and the Minnesota Department of Health before adult day care operations may commence. Proof of such licensing must be presented to the Building Official and Planning Manager. 4. The permitted operating hours for day care services with clients on site shall be 7 am to 6 pm Monday thru Friday. 5. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Discussion – Mixed Use Zoning District Anderson reminded the Commission that they have had several discussions regarding the proposed new Mixed Use Zoning District and that this discussion will focus on impervious surface regulations, Designed Outdoor Recreation Area (DORA), and usable open space. Anderson noted that some of the factors to consider include: current green space statics and trends in Golden Valley, avoiding PUDs and allowing more uses by right, walkability, stormwater/environmental concerns, and trade-offs between impervious surface, setbacks, and height regulations. Anderson stated that current impervious surface regulations range from 25% to 90% in the Zoning Code. The current I-394 Mixed Use Zoning District allows a maximum of 65%, if in a PUD the maximum is 90%. She explained that for the proposed new Mixed Use Zoning District the TOD consultants have recommended that Subdistricts A and B have a 90% maximum, and Subdistrict C have an 80% maximum. Anderson referred to usable open space requirements and stated that the current I-394 Mixed Use Zoning District requires lots over one acre in size to have 15% open space. She stated that staff would like feedback regarding the current City Code definition of usable open space and the possibility of requiring a minimum percentage of Designed Outdoor Recreation Area (DORA). City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 7 Anderson showed the Commissioners a table of existing impervious surface conditions and stated that most of the Zoning Districts fall below the average percentage of impervious surface allowed except for the I-394 Mixed Use Zoning District which has an average of 73.07% due to the number of car dealerships with large lots in that district. Anderson showed the Commissioners several photos of various PUDs and discussed the amount of impervious surface on each one. She said staff would like feedback about what the impervious surface regulations should be. Blum referred to the questions posed in the staff report. The first question is if the impervious surface limit should be raised from 65% and if it should differ by Subdistrict. Johnson said when he looks at what the consultants recommend versus what the City currently has he thinks they should find a comfortable number with what the City already has, limit it there and not go with the consultant’s recommendation. Segelbaum said he would be in favor of allowing an increase in the amount of impervious surface allowed because he thinks the point of this this particular zoning district is to allow more density. Blum asked Segelbaum if he was saying that he is in favor of allowing more imperious surface as long as that means buildings and not more parking lot area. Segelbaum said he’s not sure, but he would be more inclined to allow someone to have a bigger building. Baker said the Comprehensive Plan emphasizes resilience and resilience in the face of climate change means dealing with increased rainfall so he doesn’t think the City should be decreasing its ability to deal with rainfall by allowing more impervious surface, they should be encouraging more green space. He said it’s interesting that there are plenty of developments that managed to have a relatively low percentage of impervious surface. Zimmerman noted that there are different ways to measure such as using lot coverage by building. Goellner added that they could keep the lot coverage number just below the amount impervious surface allowed which would send a message that the amount of surface parking has to be kept low, or they could also consider allowing a maximum size for a parking lot. Blum said he thinks they are trying to accomplish the walkability goal and they do that with a certain amount of increase in building size on each lot. Brookins said he is struggling to understand how someone would be able to meet the minimum parking requirements and still get to a lot with X amount of impervious surface, the correct setbacks, the allowed height, etc. so it would be helpful to see how all the requirements would work on a site. Blum asked if parking regulations may change in this district. Zimmerman said they have the option to set the parking ratio however they want. Baker said there are innovative ways to deal with parking that don’t create more impervious surface such as parking beneath buildings which is much better than water storage beneath buildings. City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 8 Brookins said he is not in favor of reducing parking requirements. He said he thinks it would be poor planning not to expect people to come to these areas in cars and not having adequate parking would affect surrounding areas/neighborhoods as well. Baker said he thinks it was a failure in the past to allow a strip of green space along the edges of a property and he really thinks pressure should be put on developers to have public open space. Blum asked Baker if he thinks perimeter plantings enhance the walkability of a space. Baker said they do make boulevard areas more comfortable places to walk, but he thinks public green space is very desirable and if the City is zoning these areas Mixed Use one of the uses should be DORA space. Pockl asked if perimeter plantings are considered a buffer zone or if it is considered green space. Goellner said it would be both pervious space and a buffer. Pockl asked if there is any way to get more of a cohesive green space by stating that that buffer zones while pervious, don’t count toward DORA. Baker stated that a lot of it is about design and there can be conditions in the Zoning Code that help make usable spaces. Segelbaum said he thought the vision for this district was for smaller lots, and smaller businesses. He said he doesn’t know how there is going to be concentrated, usable open space unless the property is an acre or larger in size. He said he agrees with Commissioner Baker’s thoughts about usable spaces but for other zoning districts, not the Mixed Use Zoning District. Brookins said he is comfortable with the existing definition of usable open space being applied to all properties. He said he thinks the definition leaves some room for interpretation and staff can help people meet the definition when dealing with a difficult property. He added that he is comfortable with a 12% or 15% DORA and he is also comfortable raising the percentage of impervious surface allowed. Baker stated that everybody who develops in Golden Valley has to pay a park dedication fee and suggested using that money to dedicate a property within the Mixed Use District to be usable open space by a shared effort of all the participants in the Mixed Use District. Blum said he doesn’t think the City will be able to force private property owners to develop all of the properties in a district at once so he thinks they need to prioritize what is important. He added that there would be a lot of effort and expense on the City’s part that would go into using park dedication fees to buy, develop, and maintain property. Segelbaum agreed. Baker said they are trying to create benefits for the City. Sadeghi said if the goal is to promote development on smaller lots in Mixed Use areas they are going to have to increase the impervious surface limits. He referred to the impervious surface calculations for PUDs that was part of the staff report and noted that for all of the examples that were under 60% impervious, only five of them are below 100,000 square feet in lot size. He said he thinks that would bring the impervious surface requirements closer to the TOD consultant’s recommendation of 90%. Baker stated that small lot owners could be required to contribute to something off their site to help accomplish pervious surface goals. City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 9 Johnson said the number that stands out to him is 75% and questioned if that can be modeled to see where it takes them. He said that way they can look at some numbers and adjust accordingly. Segelbaum said he would like to see that and he would also like to see the numbers within the context of what was envisioned for this district. Anderson asked the Commissioners what they value most about creating a Mixed Use Zoning District and what they are trying to accomplish. Segelbaum asked if they have defined what they wanted out of the Mixed Use Zoning District and if so could they be reminded of it. Baker said walkability is his highest priority. Sadeghi said to make it a desirable, walkable area there needs to be some retail, street presence, and smaller businesses to engage with. Blum asked Sadeghi if he is in favor of increasing the amount of impervious surface allowed only if it is for buildings. Sadeghi said he have to think about it more and how that would affect the parking regulations, but he knows that subterranean parking is extremely expensive and may make development less of a possibility. Brookins said it might help to separate the different Subdistricts because they are located in very different parts of the City. Segelbaum said modeling in the different Subdistricts might be helpful. Goellner asked the Commissioners how they felt about giving a height bonus for someone who keeps the impervious surface amount low. Pockl questioned how much that would over complicate the Zoning Code. Goellner said the City might get more green space, but might also be allowing buildings that are taller than wanted and residents typically have strong feelings about height. Brookins said he could see a height bonus applying to certain Subdistricts. Johnson said he would support considering a height bonus. Blum said he likes the idea of trade-offs. Blum noted that the last question staff wanted feedback on was if half of the side and rear yard setback area should be required to be maintained as a buffer zone. Pockl said yes, she thinks that makes sense. Blum said he likes the idea of buffering a surface parking lot. Pockl asked why the setback requirements range from 20 to 100 feet. Goellner said it depends on what type of property is next to it. Short Recess-- Council Liaison Report No report was given. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings Goellner stated that the Council will be discussing bike lanes and their next Council/Manager meeting. City of Golden Valley Planning Commission Regular Meeting June 24, 2019 – 7 pm 10 Other Business No other business was discussed. Adjournment MOTION made by Segelbaum, seconded by Baker and the motion carried unanimously to adjourn the meeting at 9:03 pm. Adam Brookins, Secretary Lisa Wittman, Administrative Assistant REGULAR MEETING MINUTES Call to Order The meeting was called to order at 7 pm by Chair Nelson. Roll Call Board Members present: Nancy Nelson, Richard Orenstein, David Perich, and Planning Commissioner Andy Johnson Board Members absent: Andy Snope Staff present: Senior Planner/Grant Writer Emily Goellner, Planning Intern Emily Anderson and Administrative Assistant Lisa Wittman Approval of Agenda MOTION made by Perich, seconded by Orenstein to approve the agenda of June 25, 2019, as submitted and the motion carried unanimously. Approval of Minutes MOTION made by Perich, seconded by Orenstein to approve the minutes of May 28, 2019, as submitted and the motion carried unanimously. Agenda Items 7713 Knoll Street Andrey Lisoff, Applicant Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (n)(2) Paved Area Setback Requirements 1.5 ft. off of the required 3 ft. to a distance of 1.5 ft. at the driveways closest point to the side yard west) property line to allow for the existing newly paved driveway. Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (n)(3) Paved Area Coverage Requirements 4.6% more than the allowed 40% of front yard pavement coverage. Anderson stated that the applicant hired a paving company to re-construct a gravel driveway. She referred to a photo of the property and explained that after the driveway was paved it was discovered that it was done without a permit and was too close to the west property line so the applicant is June 25, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley BZA Regular Meeting June 25, 2019 – 7 pm 2 requesting a variance to amend the new driveway allowing it to be 1.5 ft. away from the side yard property line instead of the required 3 ft. She stated that the applicant is also requesting a variance to allow 4.6% more impervious surface than the allowed 40% of front yard paved area. Anderson referred to a survey of the property and noted that there is a second driveway that doesn’t lead to a garage, but that there is an existing two-stall garage in the back yard which the new driveway leads to. She stated that staff feels that the new driveway leading to the garage in the back is a reasonable use, but the excessive amount of impervious surface is not and is therefore recommending approval of the variance to allow the new driveway to be located 1.5 ft. at its closest point to the side yard (west) property line and denial of the request to allow 4.6% more impervious surface. Nelson asked if gravel driveways are considered to be an impervious surface. Goellner said no. Nelson asked if new driveways need a permit. Goellner said yes, a right-of-way permit is required for new driveway construction. Johnson asked if the amount of impervious surface would be reduced enough by cutting back the driveway. Anderson noted that most of the cutting of the driveway would occur in the rear yard and the variance pertains to the amount of paved area allowed in the front yard. Johnson asked why the applicant can’t remove part of the driveway without getting a variance. Anderson explained that the new driveway is supposed to be 3 ft. away from the side yard property line and that after the applicant cuts part of the driveway back it would still only be 1.5 ft. away from the side yard property line. Nelson asked staff what suggestions they have for reducing the amount of impervious surface. Goellner stated that approximately 4% of the pavement could be removed from the second driveway. Andrey Lisoff, Applicant, explained that the paving company called him one night before they came to do the work after they said they would call a week ahead and told him not to worry about permits. He said that it was his fault for not knowing about the permit. He stated that he and his neighbor to the west had an agreement that there would be a 4-foot buffer between their properties and when he got a survey he realized the new driveway was closer to the property line than he thought. He explained that when he bought the house he didn’t realize there was a second driveway because it was covered in snow. He said he would really like to keep both driveways and when he cuts back the new driveway the amount of impervious surface will go down. He added that he is also planning to re-do some existing retaining walls by the second driveway so he can make that driveway narrower as well. Nelson asked Mr. Lisoff why he wanted to keep the second driveway. Lisoff stated that there is an access door there. Orenstein asked what the applicant has to do if the variance regarding the amount of impervious surface is denied. Goellner said a violation would be issued because the property is not in conformance. Nelson opened the public hearing. City of Golden Valley BZA Regular Meeting June 25, 2019 – 7 pm 3 Michael Peters, 7721 Knoll Street, said he spoke with the applicant in June of 2018 and his plans were much different. He said he had faith things were going to be done right and they weren’t. He stated that the applicant’s proposal was a 4-foot buffer, but he didn’t agree to anything. He said that the little strip of land between the properties is very steep, he is worried about water, and would like to see a watershed and landscape plan. Nelson asked Mr. Peters what he would be comfortable with. Peters said a 4-foot buffer is fine, but he is worried about the watershed. Nelson asked staff what the City would require for watershed. Goellner stated that there would be no stormwater management plans required if the driveway was located 3 ft. from the property line and that it is typically a matter between private property owners. She said the Board could add a condition to their approval regarding water run-off. Orenstein asked how the water run-off has been so far. Peters said he can see a channel of water by the end of the driveways and that it hasn’t affected his property yet, but he’s scared it will. Goellner stated that the Engineering staff has recommended a swale or raingarden between the two driveways. Peters suggested a curb of some sort and said he and the applicant agreed that there’d be no swale. Lisoff said he can put pipe in between the properties to drain water to the street. Hearing and seeing no one else wishing to comment, Nelson closed the public hearing. Orenstein said in regard to the impervious surface variance it seems clear that it has to be brought into conformance and that he is not sure about the variance for the driveway setback. Johnson said the variance regarding the driveway setback seems reasonable and added that the driveway has be wide enough for a vehicle to get through. He said he agrees with Orenstein in regard to the impervious surface variance request. Perich said he thinks the driveway variance request is reasonable and the variance regarding the amount of impervious surface speaks to the character of the locality because no other properties in the area have two driveways. Orenstein said he gets the impression that the applicant can work things out in order to bring down the amount of impervious surface in the front yard. MOTION made by Orenstein, seconded by Perich to approve a variance for 1.5 ft. off the required 3 ft. to a distance of 1.5 ft. at its closest point to the side yard (west) property line to allow for the existing newly paved driveway and the motion carried unanimously. MOTION made by Orenstein, seconded by Perich to deny the variance request for 4.6% more than the allowed 40% of front yard pavement coverage and the motion carried unanimously. City of Golden Valley BZA Regular Meeting June 25, 2019 – 7 pm 4 1025 Ravine Trail Robbie Hyland, Applicant Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(2) Height Restrictions 2.5 ft. over the allowed one foot increase in average grade to an increase of 3.5 feet at the front building line to allow for the construction of a new home. Goellner noted that a second variance request has been added to this proposal. The second variance is for 6.5 ft. off the required 35 ft. to a distance of 28.5 ft. at its closest point to the front yard (west) property line. She stated that the applicant is proposing to construct a new home on this recently subdivided property. Goellner referred to a survey of the property and explained that in order to make sure newly constructed homes aren’t too tall and that the grade doesn’t greatly change from what previously existed, a 1-foot increase in grade is allowed is allowed. She stated that to calculate the grade a measurement is taken at three points along the front and the new grade is limited to 1 foot above that. Perich asked Goellner to explain the subdivision process. Goellner stated that the City has to approve a subdivision proposal if the survey submitted shows that building is possible on the property. Johnson noted that this is a corner lot and asked Goellner which front yard is used to calculate the grade. Goellner said she would calculate the numbers again to make sure both front yards are in compliance. Robbie Hyland, Applicant, said this lot is extremely challenging and he has played around with moving the location of the house. He said a two-story, tuck-under house would look even taller and that the house they are proposing will look similar to the neighbor’s. He explained that dropping the grade would also make water from the neighbor’s property come onto this property. Johnson referred to the survey and asked about tree preservation. Hyland said one large tree will have to be removed because it is located right where the house will be. Johnson asked if any other mature trees would be removed. Hyland said it is not his intention to remove mature trees, but he doesn’t know the outcome. Perich asked Mr. Hyland if he had any drawings of a house that would be in conformance. Hyland said no. He stated that due to the nature of the site it is very challenging and they would need very tall retaining walls. He said in this instance he is trying to maintain the same grade as what the neighbor has. Nelson agreed that bigger and more retaining walls would be a worse problem. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. City of Golden Valley BZA Regular Meeting June 25, 2019 – 7 pm 5 Johnson noted that the proposed house is right at the side yard (north) setback line and that the garage is 24 ft. x 24 ft. so he doesn’t know if it would be worth it to build a new home with a smaller garage when this is an isolated and one of a kind property. He said he would recommend approval because they are making every effort to make the new house blend in and there is no impact to other property owners. Nelson agreed that the lot is unique and unusual. Perich said it was a subdivided lot which created problems and set the property up to need variances so he is not in favor of granting the requested variances. Hyland stated that they bought the property after it was subdivided so it was not this landowners fault. Perich said this landowner bought the property before looking at the Code requirements. Johnson stated that there is probably a way to build a house without variances but he thinks huge retaining walls would be more impactful. He noted that when the Planning Commission reviews subdivisions they tell the applicant at the time that the process would be to ask the Board of Zoning Appeals for variances if needed. Perich agreed that to build a house in conformance would require large retaining walls. Goellner noted that the applicant will need a third variance in regard to height. According to the plans submitted the house would be 1.5 ft. taller than the allowed 28 ft. MOTION made by Nelson, seconded Johnson to approve a variance for 2.5 ft. over the allowed 1 foot increase in average grade to an increase of 3.5 ft. at the front building line to allow for the construction of a new house and the motion carried unanimously. MOTION made by Nelson, seconded by Orenstein to approve a variance for 6.5 ft. off the required 35 ft. to a distance of 28.5 ft. at its closest point to the front yard property line to allow for the construction of a new house and the motion carried unanimously. MOTION made by Orenstein, seconded by Johnson to approve a variance to allow the proposed new house to be 1.5 ft. taller than the allowed 28 ft. of height as shown in the plans submitted and the motion carried unanimously. 4240 Bassett Creek Drive Paul and Dawn Speltz, Applicants Request: Waiver from Section 113-88, Single Family Zoning District, Subd. (f)(1)(a) Front Yard Setback Requirements 5.85 ft. off of the required 35 ft. to a distance of 29.15 ft. at its closest point to the front yard (west) property line to allow for the construction of a new garage addition on the west side of the home. City of Golden Valley BZA Regular Meeting June 25, 2019 – 7 pm 6 Anderson reminded the Board that this applicant previously came before them on April 23, 2019, with a larger variance request which was denied. She referred to a survey of the property and explained that the applicant is now asking for a variance of 5.85 ft. off the required 35 ft. to a distance of 29.15 ft. at its closest point to the front yard (west) property line. Anderson stated that the applicant is proposing to convert the existing garage to living space and build a new 30 ft. x 24 ft. garage on the west side of the property. She stated that the applicants note that the presence of two front yards limits the buildable area and if the proposed new garage was in the buildable area they would lose three windows and two bedrooms because bedrooms cannot be legal bedrooms without windows. Anderson stated that staff feels the proposal is reasonable, however the essential character of the locality would be altered by the proposal for a garage larger than the standard 24 ft. x 24 ft. size so staff is recommending that the variance be granted with the condition that the proposed garage be reduced to 24 ft. x 24 ft. Nelson asked if the 30-foot dimension in the applicant’s proposal is the width or the depth of the garage. Goellner said it is the width. Johnson asked if a 24 ft. x 24 ft. garage would need a variance. Anderson said that it would require the same variance it’s just that 30 ft. x 24 ft. is not the size of a typical two-stall garage. Dawn Speltz, Applicant, noted that their request is smaller because they have decided to do away with the dining room and mudroom. She reiterated that a 24 ft. x 24 ft. garage would need the same variance and added that only 47 square feet of the proposed garage space would be located within the setback area. She stated that the purpose of the proposed garage is to have useable space for two cars and to make the garage smaller and remove the existing gazebo limits them. She said she thinks the proposed garage would look better than a garage and a shed and that there are at least three houses in their view with three-stall garages. Paul Speltz, Applicant, stated that the essential character of the neighborhood is already three-stall garages. Perich asked about the concerned neighbor from the last meeting. Ms. Speltz said they’ve talked to that neighbor about their concerns regarding the driveway. Mr. Speltz noted that the neighbor was also concerned about a tree. Nelson opened the public hearing. Seeing and hearing no one wishing to comment, Nelson closed the public hearing. Anderson stated that staff’s justification for recommending a 24 ft. x 24 ft. garage is that every person owning this property in the future would not have the same storage needs as the applicant. City of Golden Valley BZA Regular Meeting June 25, 2019 – 7 pm 7 Perich said this proposal is reasonable and the applicants have reduced their variance request. He said he is open to allowing a 30 ft. x 24 ft. garage because a three-stall garage is not unusual in this neighborhood. Johnson said the applicants are stuck because expanding on the other side of the house isn’t an option and they will lose the gazebo for storage space. He said he understands staff wanting to hold the line at 24 ft. x 24 ft. but it is tough to put that space anywhere else. He said the applicants have looked at a lot of options and it seems good to maintain the design of the house. Orenstein agreed. MOTION made by Orenstein, seconded by Perich to approve a variance for 5.85 ft. off the required 35 ft. to a distance of 29.15 ft. at its closest point to the front yard (east) property line with the condition that the existing gazebo be removed and the motion carried unanimously. Adjournment MOTION made by Orenstein, seconded by Snope and the motion carried unanimously to adjourn the meeting at 8:18 pm. Nancy Nelson, Chair Lisa Wittman, Administrative Assistant REGULAR MEETING MINUTES 1. Call to Order The meeting was called to order at 6:30 pm by Chair Hill. 2. Roll Call Commissioners present: Tracy Anderson, Tonia Galonska, Dawn Hill, Joseph Ramlet (arrived at 6:50pm), Scott Seys and Debra Yahle Commissioners absent: Lynn Gitelis and Jim Stremel Staff present: Drew Chirpich, Environmental Specialist and Claire Huisman, Administrative Assistant 3. Approval of Agenda MOTION by Commissioner Galonska, seconded by Commissioner Yahle to approve the agenda of May 20, 2019 as submitted and the motion carried. 4. Approval of Minutes MOTION by Commissioner Seys, seconded by Commissioner Anderson to approve the minutes of April 22, 2019 as submitted and the motion carried. 5A. Solid Waste/Organics Tour Summary Drew Chirpich gave a brief summary of the tour held on May 15, 2019 of Randy’s Sanitation center in Delano, MN that was attended by City Staff, Commission Members and Members of the League of Women Voters. The main attraction was Randy’s Blue Bag Organics Program and watching the process of how the facility uses a robotic arm to identify and remove the blue bags, filled with household organic waste, from the rest of the solid waste that is traveling along a conveyor belt. 5B. GreenStep Cities – Step 5 Prioritization In order for the City to reach and complete Step 5 of the GreenStep Cities Program, the City must show improvement in certain areas of the metrics of Step 4. These metrics have been prioritized as follows: 1. Metric 3.2, MPG of Gasoline Fleet 2. Metric 3.4, MPG of Diesel Fleet 3. Metric 5.1, Number of EV Charging Stations 4. Metric 6.1, Vehicle miles driven per person per day (by residents) 5. Metric 6.2, City Employee single vehicle miles driven per day 6. Metric 1.4, Percent of LED Streetlights in the City 7. Metric 8.6, Net number of new trees planted 8. Metric 11.5, Ratio of Inflow and Infiltration volume to total volume entering the wastewater collection system May 20, 2019 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road City of Golden Valley Environmental Commission Regular Meeting Minutes May 20, 2019 – 6:30 pm 2 9. Metric 14.1, Number of city-owned and private renewable energy generation sites 10. Metric 14.2, Generation capacity of city-owned and private renewable energy sites 11. Metric 7.6, New Affordable housing Units (General Welfare component) 12. Metric 1.1, kBTU used per sq ft, per year (Natural Gas) 13. Metric 2.1, City-Owned Green Buildings 14. Metric 2.5, Green Certified Private Buildings 15. Metric 12.3, DNR Public Waters Not Impaired for Recreational Use 16. Metric 14.4, Annual renewable energy purchases by the city MOTION by Commissioner Galonska, seconded by Commissioner Yahle to approve the prioritization of Step 5 metrics as submitted and the motion carried. 6A. Stormwater Management Report Chirpich gave a power point presentation on the Cities Stormwater Management Program. The Minnesota Pollution Control Agency (MPCA) requires municipalities to obtain a Municipal Separate Storm Sewer System (MS4) General Permit which allows its permit holders to discharge stormwater to lakes, rivers, streams and wetlands. This permit agreement is for a 5 year period. The current cycle will be up for renewal in 2020. A question was asked if the City does any testing of the water from the ponds, streams, etc. and specifically testing of Bassett Creek before it enters the City and then when it exits the City. It was noted that the watershed and other partner agencies perform monitoring and sampling of the waters, especially for phosphorus, sediment/clarity, chlorides and oxygen levels. There is a continuously operating watershed monitoring station on Bassett Creek just downstream of the Golden Valley-Minneapolis border. Most of the data about the creek comes from that station. 6B. Program/Projects Update The complete Program/Project Update is on file. Topics briefly discussed included: WasteZero Simple Recycling Program will start May 31st. The bags have been mailed to the residents and will be picked up on their scheduled recycling pick up days. The City will be receiving a GreenCorp Member for the 2019-2020 service term who will be starting in September 2019. The City is investigating surrounding communities’ organics, recycling and waste hauling programs to better understand new emerging opportunities. DeCola Ponds B and C Project held a public hearing on the temporary dewatering plan where comments were received and will be used to help the final design and permitting process. The Flood Mitigation Cost Share Reimbursement Program provides up to $50,000 to help eligible residents with flood proofing costs. 6C. Council Updates - None 6D. Other Business Chair Hill gave a brief summary of her presentation given during the Council/Manager’s meeting of the Environmental Commissions 2018 Annual Report and the 2019 Work Plan. City of Golden Valley Environmental Commission Regular Meeting Minutes May 20, 2019 – 6:30 pm 3 6E. Review Commission Bylaws The Environmental Commission’s bylaws were reviewed and some revisions were recommended. Staff was requested to: Add as numbers 5, 6 and 7 under Article I, statements to include as part of the Commissions duties in regards to “climate”, “health & wellness” and “waste generation & abatement” which would include recycling, compositing, etc. The existing numbers 5 & 6 will become 8 & 9. Clarify the procedure for asking a Commission member to step down for having missed too many meetings. It was suggested that the Commission not be the deciding factor in this situation and the letter of such request should not come from the EC Chair. Change “On March 1” to read “As of March 1” under the Annual Report section. Change the sentences under Article IV, Officers to read “Terms of office shall be for a one year term. The Chair and Vice-Chair shall not serve more than two consecutive terms.” The Bylaws will be revisited at the next meeting with the changes shown in “red”. A motion for approval will be considered at that time. 6F. Election of Officers MOTION by Commissioner Hill, seconded by Commissioner Galonska to appoint Commissioner Scott Seys to the position of Chair and to appoint Commissioner Debra Yahle to the position of Vice-Chair and the motion carried. 7. Adjournment MOTION by Commissioner Seys, seconded by Commissioner Anderson to adjourn the meeting at 8:02pm and the motion carried. ATTEST: Claire Huisman, Administrative Assistant 7$00 Golden Valley Road I Golden Valley, MN 55427 cil v 0I 763-512-23471 TTY 763-593-39681763-512-2344 (fax) I www.goldenvalleymn.gov gotaen Open Space & Recreation valley Commission Y May 20, 2019-6:30 pm Valley Room North Brookview Golden Valley 316 Brookview Parkway S REGULAR MEETING MINUTES Call to Order The meeting was called to order at 6:35 pm by Mattison. Roll Call Commissioners present: John Cornelius, Max Hyberger, Kelly Kuebelbeck, Bob Mattison, Matthew Sanders, Cindy Carow-Schiebe, and Della Daml. Commissioners absent: Roger Bergman, Kimberly Sanberg and Dawn Speltz. Staff present: Rick Birno, Director of Parks and Recreation; Al Lundstrom, Park Maintenance Supervisor; and Sheila Van Sloun, Administrative Assistant. Approval of Minutes MOTION moved by Cornelius and seconded by Hyberger to approve the April 22, 2019 meeting minutes. Motion carried unanimously. Armstrong -Cooper Youth Baseball Association Update (Dale Bjerke) Discussion to be held at a later date. Annual OSRC Bylaw Review After brief discussion, Commissioners recommended a few changes and additions which staff will share with City Manager. Sochacki Park Improvements — Construction Season 2019 Birno shared a map showing the location of proposed new benches along the Sochacki Park trail. Lundstrom shared plans for trail improvements just north of Bonnie Lane, which would be done in cooperation with Three Rivers Park District, to improve storm drainage, trail flooding, and replace failing trail sections. Birno said they are also working with the Sochacki Park JPA on a vegetation plan to help provide both a visual and sound barrier along the railroad tracks. This document is available in alternate formats upon a 72 -hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. City of Golden Valley Open Space & Recreation Commission Regular Meeting Minutes 2 May 20, 2019 — 6:30 pm Review and Discuss 10 -year Capital Improvement Proposed Plan (CIP) Birno shared the proposed 2020-2029 Parks Capital Improvement Plan. He explained the total funds available for park capital reinvestment is $358,000 in 2020, $375,000 in 2021 and $400,000 for each of the next eight years. None of the totals noted included any Park Dedication funding if it becomes available. Commissioners asked if there is an adjustment for inflation over the ten year period and Birno explained there is not. He said the city would just do less with the funds available to adjust for inflation. Birno went on to explain that over the next three years expenditures will be lower than the amounts noted above to pay back a loan for the monument signs at the Brookview entrance points and the need to save for the tennis court replacement at Scheid Park. Commissioners voiced concern regarding the funding available in 2020 of $208,000, $175,000 in 2021 and $190,000 in 2022 is enough to appropriately sustain the Golden Valley park system. Commissioners questioned how funding priorities were determined. Birno responded that most of the project funding determinations are based on trying to fiscally balance funds available for all the needs in the park system and justifications are generally worst -first scenarios determined by staff. He went on to say most of the infrastructure and amenities in the park system were installed in the early to mid - seventies through the sale of park improvement bonds. This was due to the fast community growth and the short time period available for park system development - deterioration/updating/replacement generally falls in the same window of time. Commissioners voiced concerns about not enough funding for park trails, energy efficient park lighting fields, parking lots, trails, and courts), wood fiber replacement for play structures, irrigation replacement, athletic field improvements and additions, hard surface replacement as well as sun/rain shelter additions for the neighborhood parks. Birno was asked about improvements and additions for the park shelter buildings. Birno responded that Lundstrom has recommended funding in the City's building budget for roofs, doorways, bathrooms, HVAC, and ADA upgrades. Birno noted he has been told there will not be additions added to the current park shelter buildings. Commissioners believe the internal park trail funding is very low and not enough to sustain already deteriorating asphalt. Lundstrom agreed and noted we will do the best we can with what we have available. Lundstrom was also asked about the need for outdoor hockey rink replacement. Lundstrom outlined the issues with the current rinks and is recommending replacing all of our outdoor rinks over the next seven years with a system similar to the equipment installed in the City of Crystal park system. A question was raised regarding all the old backstops on most of the ballfields in Golden Valley. Birno responded that there is no funding available in 2020, however, the goal is to make improvements each year as funds allow. Birno noted he planned to complete the dugouts and safety fence issues first and then eventually shift to backstop replacement. City of Golden Valley Open Space & Recreatior Commission Regular Meeting Minutes 3 May 20, 2019 — 6:30 pm Birno shared that the funding identified in the Park CIP for the proposed community garden and off - leash pet exercise area may not be enough if the project is approved to move forward. This would mean other projects scheduled for replacement/updates in 2020, may not be completed due to the need for additional funding for the Medley Park proposal. Lundstrom noted we would have estimates for the proposed improvements ready for discussion at the October meeting. Commissioners also asked about the possibility of a splash pad in Golden Valley. Birno noted he had been told there are no plans to discuss the addition of a splash pad in the Golden Valley park system. Commissioners asked about improvements needed for the golf course. Birno said the golf CIP is a different budget area and the commission would be discussing the golf course operation/CIP at the June meeting. Commission and Staff Updates A. Commission Updates Commissioner Mattison complemented the city staff on the condition of the fields at Lions Park. The GVGS opener moved forward as planned even with all the rain. B. GVLL Hosting the District #1 Classic Tournament Birno said GVLL is hosting the District #1 Classic Tournament with a tentative start date June 18-28. C. GVLL Hosting the Jim Foster 8 -year Old Jamboree Birno said GVLL is hosting the Jim Foster 8 -year Old Jamboree July 8, 9, and 11. D. GVLL Hosting the Wiff-O Classic Birno said GVLL is hosting the Wiff-0 Classic August 9-10. E. Scheid Park Play Structure Update Birno said the project was, for the most part, complete and looks great. The adjustable hoop system, benches, and line painting should be completed very soon. Eagle Scout Project — Storage Shed at Wildwood Birno shared a picture of the new storage shed at Wildwood Park and noted it was constructed by Eagle Scout candidate August Pirkl. Adjourn MOTION moved by Sanders and seconded by Hyberger to adjourn at 8:25 pm. Bob Mattison, Chair Sheila Van Sloun, Administrative Assistant Open Space & Recreation Commission Regular Meeting Minutes 2CityofGoldenValley June 24, 2019 - 6:30 pm grades 2-7. He said that he now has participants register for a specific practice night,.which he said helped the coaches. He also said there were 42 participants in the grade K-1 program. Stutzman said skating rink participant numbers are up from last year, despite the many weather closures. Cornelius added that Al Lundstrom and staff do a wonderful job with the rinks over the winter months. He also said he'd like to discuss hockey rink board concerns at a future meeting. Birno said he would invite Lundstrom to a meeting in the fall to discuss. Stutzman said indoor volleyball leagues at Davis Community Center are very popular with all leagues full. Bike Lane Proposal Update Birno updated commissioners on the appointment of the Bike and Pedestrian Task Force, their process, and recommendations to the City Council. He also noted that engineering staff hosted an open house on June 12 for resident input regarding the proposed plan. He added that staff is reviewing the open house input to eventually make a recommendation to the City Council. Four residents from the Hampshire Park neighborhood were present at the meeting and requested the opportunity to address the Open Space and Recreation Commission (OSRC} regarding the bike lanes. Speltz asked the Commission if they would like to hear comments and all Commissioners agreed. Before resident input, members of the OSRC clearly stat d that this Commission was not asked to comment nor were they in a position to provide direction on the proposal for bike lanes. The four residents present, expressed their concern regarding the plan for Olympia Ave N. These residents believe the proposed Olympia bike lanes are inappropriate for this location and the impact on private homeowners in this location is too significant. Sanberg said it's important for Golden Valley to think about better connections to parks within the city. Speltz added that she would like safer options for bikers to travel through the city and to parks. Cornelius added that each proposed bike lane area does have unique issues which should be addressed. OSRC members decided not to render an opinion at this time. Residents in attendance were thanked for sharing their comments and concerns. Brookview Golf 10-year Proposed Capital Improvement Plan and Budget Review Disch and Birno presented the proposed 10-year Brookview Golf Capital Improvement Plan (CIP). Disch outlined the five primary areas of the plan: golf maintenance equipment, golf course infrastructure, patron golf carts, business operation equipment, and Three One Six upgrades and replacements. Birno reminded the Commission that the recommended improvements would only be implemented if revenues from the golf operation were available for the proposed projects and equipment. Disch outlined specific areas in each CIP budget. Disch mentioned in the past, 60 patron carts were replaced all at once about every eight years, and that this CIP reflects a different philosophy. Moving forward the plan will be to replace carts 12 at a time to minimize significant fiscal impact to the CIP Open Space & Recreation Commission Regular Meeting Minutes 3CityofGoldenValley June 24, 2019 - 6:30 pm budget, and reduce the number of replacement batteries needed for the electric golf carts. Birno noted that the current 60 carts were purchased all at once, and were fiscally difficult for the annual operation budget. He also noted carts hold their value very well and revenues from the trade-in of golf carts is represented in the annual operation revenues and not in the CIP budget. Birno then highlighted the areas in the Golf CIP budget which are not funded. He said all are very large infrastructure projects which will require attention. Projects include: irrigation replacement, creek/pond bridge abutments, relocation and some replacement of creek/pond bridges, creek/pond shoreline stabilization, and eventually larger driving range poles with a new net system. Disch also noted the driving range needs regrading and drainage improvements. The low areas in the middle continue to sink, he believes the old drain tile has failed and the range gets saturated often requiring it to close as the cart picker does not work on saturated ground and staff cannot hand pick range balls in standing water/mud. Commissioners voiced concerns regarding the city's reinvestment in the golf course and surro unding amenities. Birno responded that at this point the city does not provide fiscal support for the golf course and the only funds available for improvements are revenues from the operation after expenses. Commissioners asked if there were still funds being transferred to the city's general budget from the golf operation. Disch responded that the golf course does transfer funds forgeneral overhead and rent of Brookview and the golf maintenance shop in the amount of $212,000 annually. Commissioners expressed concerns about not meeting the fiscal needs of the golf course and believe the golf course is a community asset that provides many recreational opportunities. Commissioners also noted it provides support for the Three One Six Bar+ Grill, community green space, winter recreation activities, room rentals, lawn bowling, Brookview building outdoor maintenance, and reciprocal recreation amenity agreements with other municipalities. Commissioners asked if staff had developed any plans to begin to implement large infrastructure improvements on the golf course. Birno responded that at this point course revenues were only able to support limited equipment replacement and the smaller capital improvements. Disch mentioned Brookview continues to be one of the top 5 courses in Minnesota based on the number of rounds played annually. Birno added that even with somewhat of a late start this season and a rainy summer to this point that golf revenues look strong, Lawn Bowling group reservations are almost full, room reservations for meetings, events and receptions are way up leading to increased restaurant and catering business for the Three One Six Bar+ Grill. Commissioners asked if there were grants available for pond and creek shoreline stabilization. Birno believes there are grants and will touch base with Golden Valley staff who specialize in water management. City of Golden Valley Open Space & Recreation Commission Regular Meeting Minutes June 24, 2019 - 6:30 pm Commissioners thanked Disch for the presentation and the excellent job his team does each year operating the golf course and all the amenities connected to the golf operation. Commission and StaffUpdates A.Commission Updates Speltz said Isaacson Park is looking great with the new lights and the new scoreboard. Also asked if there was any updated information on lighting the crosswalk? Birno responded that staff is looking into adding solar LED lights for a temporary solution and the more permanent solution is scheduled for 2021. B.Bike/Scooter (Spin/Lime) Birno said 200 scooters will be deployed in Golden Valley through local company Spin. He noted St. Louis Park will also use Spin for their bikes and scooters. C.Wildwood Park Pickleball Parking/Noise Complaints Birno said there have been complaints from nearby residents over noise and parking issues. D.Flooded Luce Line Trail Through Wirth Park Birno said Minneapolis Park'and Recreation Board (MPRB) have been working to resolve the standing water issue on the Luce Line Trail in Theodore Wirth Park, and have had limited success. He added MPRB is still working on different options for a solution. E.Theodore Wirth Park Off-LeashArea Birno said proposed drawings are being developed for options to bring forward for public input. Minneapolis Park and Recreation Board staff are collecting data on any site impact issues. He said public meetings will be scheduled in the future to review the draftproposals. F.July Meeting at 5:30 pm for Brooklynk Intern Presentation Birno sald the July OSRC meeting will begin at 5:30 to allow time for Brooklynk Intern presentations. Adjourn MOTION moved by Bergman and seconded by Cornelius to adjourn at 8:30 pm. lJ!lw- Bob Mattison, Chair sh';ilaVan Sloun, Administrative Assis t 7800 Golden Valley Road I Golden Valley, MN 55427 763-593-3991 TTY 763-593-3968 763-593-8109 (fax) I www.goldenvalleymn.gov REGULAR MEETING MINUTES Call to Order The meeting was called to order at 5:19 pm by Chair Joelle Allen. Roll Call City 0 goldvalle May 14, 2019-5:15 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road Members present: Amber Alexander, Joelle Allen, Ruth Paradise, Ajani Woodson, Sam Powers, Millicent Flowers, and Maurice Harris (arrived 5:33 pm) Members absent: Tanveer Gulzar, Melissa Johnson, Sheri Hixon Staff present: Tim Cruikshank, City Manager; Maria Cisneros, City Attorney, Kris Luedke, City Clerk, and Kirsten Santelices, Human Resources Director Approval of Minutes MOTION by Paradise to approve the March 12 and April 9, 2019 regular meeting minutes as submitted. Seconded by Flowers. Motion carried. Team Building Activity The Task Force Members participated in a team building activity. Discussion of Topic: Increasing Diversity on Boards, Commissions, and the Council Staff members Cisneros and Luedke provided the task force with a brief presentation on the current structure of boards and commissions, including the appointment and reappointment process and timeline. Staff also shared the process for finding information and filing for running for Council. Suggestion from member to increase visibility of information on elections on the website. The task force discussed each of these questions: 1. What does the community want to know about the work of the City's boards and commissions? 2. What barriers to participation may exist for diverse communities? 3. How can the City expand its board and commission recruitment efforts? The following suggestions were provided by members: Increase visibility of boards and commissions: When the website is updated increase visibility of the "subscribe" and "more information here" links Ensure drop -downs are easily visible Highlight work of commissions and boards in quarterly newsletters; providing quarterly updates on commission/board statuses. Bring laptop/IPad to events to allow individuals to subscribe to the board and commission updates. 0 Make information available in multiple formats: MEETING MINUTES — Rising TIDES Task Force May 14, 2019 Consider translation services for City documents Go to where the people are: Disseminate information at local grocery stores and other frequently visited locations Local businesses Review and update potential recruitment strategies: Sun Post Word of mouth connections with communities Connect with high school government classes to recruit youth members Highlight success stories of commissioners Advertise by emphasizing the leadership opportunities that come from serving on a board or commission Adjournment MOTION by Harris, seconded by Alexander to adjourn the meeting at 6:21 pm. Carried. Joelle len, Chair ^ ATTEST: AD irsten Santelices, Human Resources Director Rising TIDES Task Force REGULAR MEETING MINUTES Call to Order The meeting was called to order at 5:20 pm by Chair Allen. Roll Call Members present: Joelle Allen, Ruth Paradise, Melissa Johnson, Sheri Hixon, and Maurice Harris Members absent: Amber Alexander, Tanveer Gulzar, Ajani Woodson, Sam Powers, and Millicent Flowers Staff present: Tim Cruikshank, City Manager and Kirsten Santelices, Human Resources Director Approval of Minutes No quorum. Team Building Activity The Task Force Members participated in a team building activity. Discussion Staff provided a brief presentation recapping where the Task Force started and requested confirmation from the Task Force that the City staff accurately captured the suggestions resulting from each meeting Feb through May). Chair Allen will reconvene with the Task Force members who were assigned to recap the meetings to do a comparison of the take -away items. Staff also suggested that the Task Force create official subcommittees if they want to meet and discuss topics in-between Task Force meetings. The discussion continued to evolve around the framework and structure of the Task Force, and whether or not the City should solicit more feedback from community members on the Equity Plan and the work the Task Force has done. Several members suggested that getting this information out in front of the community ahead of doing any implementation would be beneficial in building and maintaining trusting relationships with underserved communities. Ideas to gather feedback include community meetings at Brookview, e mails, and surveys. Member Johnson recommended that the City use social media platforms to push out information. Member Paradise suggested that the Task Force go to where the people are, but agreed it is difficult to determine exactly where to go to find an audience. Chair Allen recommended linking the agenda packet to social media as it may be more visible than the City website. Member Hixon stated that the Task Force’s mission was to provide action item suggestions from the City’s equity plan, and that the Task Force should consider completing this phase and then move on to Phase II by engaging with the community. June 11, 2019 – 5:15 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road 1. CALL TO ORDER and ROLL CALL On Thursday, June 20, 2019 at 8:31 a.m. in the Council Conference Room at Golden Valley City Hall (7800 Golden Valley Rd.), Chair Prom called the meeting of the Bassett Creek Watershed Management Commission (BCWMC) to order. Commissioners and city staff present: City Commissioner Alternate Commissioner Technical Advisory Committee Members (City Staff) Crystal Dave Anderson Vacant Position Mark Ray Golden Valley Stacy Harwell Jane McDonald Black* Eric Eckman Medicine Lake Clint Carlson Gary Holter Absent Minneapolis Michael Welch Vacant Position Absent Minnetonka Mike Fruen Absent Sarah Schweiger New Hope Absent Pat Crough Megan Hedstrom Plymouth Jim Prom Catherine Cesnik Chris LaBounty Robbinsdale Absent Absent Marta Roser, Richard McCoy St. Louis Park Jim de Lambert Absent Erick Francis Administrator Laura Jester, Keystone Waters Engineer Karen Chandler, Barr Engineering Recorder None Legal Counsel David Anderson, Kennedy & Graven Presenters/ Guests/Public Bill Emory, Hennepin County* Denotes partial attendance Bassett Creek Watershed Management Commission Minutes of Regular Meeting Thursday, June 20, 2019 8:30 a.m. Golden Valley City Hall, Golden Valley MN BCWMC June 20, 2019 Meeting Minutes Page 2 of 5 2. CITIZEN FORUM ON NON-AGENDA ITEMS No citizens present. 3. APPROVAL OF AGENDA MOTION: Commissioner Welch moved to approve the agenda. Commissioner Fruen seconded the motion. Upon a vote, the motion carried 8-0 [City of Robbinsdale was absent from the vote]. 4. CONSENT AGENDA Administrator Jester noted the revised June financial statement distributed at the meeting. She indicated that two invoices were added and one invoice was revised. The following items were approved as part of the consent agenda: May 16, 2019 Commission meeting minutes, acceptance of the revised June 2019 financial report, payment of invoices, approval of Theodore Wirth Golf Course Cart Path Project, Golden Valley. The general and construction account balances reported in the revised June 2019 Financial Report are as follows: Checking Account Balance $ 703,453.27 TOTAL GENERAL FUND BALANCE $ 703,453.27 TOTAL CASH & INVESTMENTS ON-HAND (06/12/19) $ 3,564,717.11 CIP Projects Levied – Budget Remaining $ (4,636,650.52) Closed Projects Remaining Balance $364,066.19 2012-2017 Anticipated Tax Levy Revenue $7,045.36 2018 Anticipated Tax Levy Revenue $10,316.57 Anticipated Closed Project Balance $381,428.12 MOTION: Commissioner Carlson moved to approve the consent agenda. Commissioner Welch seconded the motion. Upon a vote, the motion carried 8-0 [City of Robbinsdale was absent from the vote]. 5. BUSINESS A. Consider Resolution of Appreciation for Commissioner Scanlan Administrator Jester explained that Commissioner Scanlan recently stepped down from the Commission citing health concerns. She added that she greatly appreciated his participation on Commission committees and during meetings and noted that he regularly took advantage of training opportunities to continually learn more. Various commissioners added their praise for Commissioner Scanlan’s involvement and work. BCWMC June 20, 2019 Meeting Minutes Page 3 of 5 MOTION: Commissioner Anderson moved to approve the resolution of appreciation for Commissioner Scanlan; Commissioner Welch seconded the motion. Upon a vote, the motion carried 8-0 [City of Robbinsdale was absent from the vote]. B. Elect New Commission Secretary Due to Commissioner Scanlan’s resignation, the Commission is in need of a new secretary. Administrator Jester gave a brief overview of the position noting it mostly involves providing signatures on official contracts and business. ELECTION: Commissioner Welch nominated Commissioner de Lambert as Commission Secretary. Upon a vote, the Commission elected Commissioner de Lambert on a vote of 8-0 [City of Robbinsdale was absent from the vote]. The following meeting items were taken out of order to allow time for Alt. Commissioner McDonald Black to arrive D. Consider Technical Advisory Committee Recommendations TAC chair, Mark Ray, gave a brief overview noting that the TAC met on May 29th to discuss how the Commission should review proprietary stormwater manufactured treatment devices (MTDs) proposed to be used in development or redevelopment projects. He noted that they have another meeting planned on July 8th to further discuss the issue, but the TAC has one recommendation at this time. Mr. Ray indicated that ideally, the MPCA would test MTDs and include them in the Minnesota Stormwater Manual. He noted the Commission should advocate for this but that it’s the long-term vision as it would take considerable time. He relayed the TAC recommendation that the Commission cooperate with other watersheds in sending a letter to the MPCA, formally requesting that the MPCA evaluate stomwater MTDs and include development protocols in the MN Stormwater Manual. Commissioner Welch asked if the TAC is developing a list of specific technologies they wish the MPCA to test. Mr. Ray indicated that, no, the TAC is discussing the structure or process of a testing program. Commissioner Welch indicated that Riley Purgatory Bluff Creek Watershed District is discussing a similar matter and that it’s a good idea to cooperate with others. MOTION: Commissioner Welch moved approval of the TAC recommendation and added that the MN Board of Water and Soil Resources should be copied on the communication with the MPCA. Commissioner de Lambert seconded the motion. Upon a vote the motion carried 8-0 [City of Robbinsdale was absent for the vote.] E. Receive Update on 50th Anniversary Event Administrator Jester gave an update on the anniversary event. She noted that Commissioner Welch would emcee the event, that over 60 people were registered for the tour and over 80 registered for the event. She noted that the tour handout was being developed, catering was ordered, and that she was gathering materials for display. She also indicated that she attended the Golden Valley and Crystal City Council meetings to receive, on the Commission’s behalf, resolutions/proclamations recognizing the 50th anniversary of the Commission. She reported that Commissioner Anderson was also present at the Crystal council meeting but that neither Commissioner Harwell nor Alt. Commissioner McDonald Black were available to attend the Golden Valley council meeting. C. Set Proposed 2020 Operating Budget Administrator Jester reminded commissioners that at their May meeting they reviewed the Budget Committee’s recommendations for the 2020 operating budget and that there had been considerable discussion about how much money should be set aside to start saving for the development of the next watershed management plan due in 2025. She noted that she and Commission Engineers Chandler and Williams had met and discussed possible costs of 2025 plan development with items to consider laid out in the memo included with meeting materials. She recommended the Commission plan for a plan development budget of $120,000. Administrator Jester noted she included three different options for setting aside varying amounts each year for plan development in the memo that has impacts on assessments ranging from an increase of 3% over 2019 assessments to an increase of 4.5% over 2019 assessments. She also noted that the budget figures include $7,500 for dues to the Minnesota Association of Watershed Districts (MAWD). BCWMC June 20, 2019 Meeting Minutes Page 4 of 5 Chair Prom noted that the majority of the Budget Committee members would like to keep the assessments at a 3% increase. Alt. Commissioner McDonald Black arrives.] Commissioner Welch noted that it seemed like MAWD staff was willing to work on issue of dues, that MAWD dues should stay in the budget, and that it seems like sound budgeting to spread the planning costs evenly over several years rather than have a large increase in assessments in the future, noting that he prefers option #3, the 4.5% assessment increase. Commissioners Harwell and de Lambert agreed. Commissioner Anderson noted his desire to keep the assessment increase at 3%, if possible. Alt. Commissioner McDonald Black noted that she had not been able to attend MAWD’s Finance Committee meeting but that she spoke with Emily Javens (MAWD Executive Director) by phone and relayed the idea that MAWD should incrementally increase the dues for new WMO members. She noted it was important to allow WMOs to more slowly increase their member cities’ dues levels and that would also help MAWD gain support. She indicated she believes it’s important for the Commission to remain in MAWD because their mission aligns with Commission goals and they seem to be focused on streamlining and attaining efficiencies in water management. Alt. Commissioner McDonald Black also noted her belief that the Commission should fully fund the watershed plan development over years rather than allowing for a significant bump in assessments that wouldn’t likely decrease after the plan was complete. MOTION: Commissioner Welch moved to accept Option 3 of the proposed 2020 budget and to advance the proposed budget to cities for their review and comment. Commissioner Harwell seconded the motion. A roll call vote was taken: Crystal – no Golden Valley – yes Medicine Lake – yes Minneapolis – yes Minnetonka – yes New Hope – yes Plymouth – no Robbinsdale – absent St. Louis Park – yes Motion carried. 6. COMMUNICATIONS A.Administrator’s Report i. Report on Meeting with Hennepin County Commissioner Fernando Administrator Jester reported that she, Commission Engineer Chandler, Chair Prom and Vice Chair Welch met with Hennepin County Commissioner Fernando on June 14th. She noted that Commissioner Fernando was extremely approachable, understood the BCWMC’s mission and work, and indicated she would advocate for the 2020 levy request and CIP projects. Mr. Emory, Commissioner Fernando’s Policy Aide, indicated that her office recently discussed the issue of over salting with a building association trade group. Commissioner Welch noted that we should invite Commissioner Fernando to a future Commission meeting. ii. Draft Model Ordinance on Chloride Reduction for Cities The final model ordinance should be available in July; some TAC members had been involved in its development. She will bring it to the Commission when it’s available. iii. Report on Four Seasons Redevelopment Project Met with developers and their engineers, Plymouth staff, and Commission Engineer Chandler to review their proposed stormwater management techniques for the development itself and the “above and beyond” treatment. We will continue to work with the developer and the city, as needed, and may come to the Commission at their July or August meeting to consider entering an agreement. B.Chair i. Chair Prom noted that he intends to meet with Dominium (Four Seasons developer) as a Plymouth City Council member. BCWMC June 20, 2019 Meeting Minutes Page 5 of 5 C.Commissioners i. Commissioner Welch reported his attendance at the Bassett Creek Valley Summit on June 4th that was convened by the MPRB. He noted it was good to get everyone in the same room to discuss the challenges and opportunities for development in the valley. ii. Commissioner Welch noted the chloride limited liability legislation did not pass again, primarily due to not resolving issues between the House and Senate. iii. Commissioner Carlson asked for an update on Medicine Lake issues. Administrator Jester gave a brief report on curly-leaf pondweed control and how the Commission shares the cost with TPRD, and on monitoring on the lake. D.TAC Members i. Next meeting July 8 E.Committees i. Education Committee met on May 22 to discuss plans for the 50 th event F.Legal Counsel i. None (Congratulations to Mr. Anderson on recent birth of a son.) G.Engineer i. Commission Engineer Chandler provided an update on the FEMA modeling project indicating they were responding to some comments from the interagency review committee and that the DNR is asking for a grant extension from FEMA. 7. INFORMATION ONLY (Information online only) A. Administrative Calendar B. CIP Project Updates http://www.bassettcreekwmo.org/projects C. Grant Tracking Summary and Spreadsheet 8. ADJOURNMENT The meeting adjourned at 9:23 a.m. Upcoming Meetings & Events x Bassett Creek Watershed 50th Anniversary Tour and Celebration Event: Thursday June 27th, Brookview Community Center, Golden Valley x BCWMC Technical Advisory Committee Meeting: July 8th, 1:00 p.m., Golden Valley City Hall x Bassett Creek Watershed Management Commission Meeting: Thursday July 18th, 8:30 a.m., Golden Valley City Hall Signature/Title Date Signature/Title Date Executive Summary For Action Golden Valley City Council Meeting August 7, 2019 Agenda Item 3. D. Support Submittal of Application to Hennepin County for Tree Canopy Grant Prepared By Emily Anderson, Planning Intern Summary Hennepin County offers Healthy Tree Canopy Grants to municipalities for the purpose of helping communities make positive changes in the tree canopy and engage residents in taking action to protect trees. Staff recommends applying for up to $20,000 in grant funds from the County with a proposed local match of up to $5,000 to update its public tree inventory. The inventory would be updated to include all trees on City-owned and maintained property and would help the City understand and address the threat of emerald ash borer, maintain healthy trees and diverse forests in public areas, and plan for and mitigate the impacts of climate variation and its associated threats (flood, heat/drought, pests and diseases). Currently, the City only has an inventory of public trees located in landscaped areas of City property (boulevards, playground/recreation areas, City campuses) but does not have the capacity to perform a complete inventory of all City property (like nature areas, open spaces, and wooded areas within active parks) without a grant opportunity such as this one. By completing this inventory, staff will be able to better manage the overall tree stock on City property. Updating the Golden Valley tree inventory to include publicly owned and maintained properties will help staff achieve action items and goals laid out in the 2040 Comprehensive Plan, the Natural Resources Management Plan, the Resilience and Sustainability Plan, and the Emerald Ash Borer Management Plan. If awarded the Healthy Tree Canopy Grant, the inventory would be completed in 2020 by a Forestry student intern that would be hired based on qualifications agreed upon by the City of Golden Valley and Hennepin County. The intern will collect all of the data needed to complete the inventory, write the final report to Hennepin County, and gain hands-on urban forestry experience under the supervision of Tim Teynor, Assistant City Forester and Al Lundstrom, Park Maintenance Supervisor with assistance from Eric Eckman, Development and Assets Supervisor. The grant will mainly fund the compensation of the intern to ensure a fair wage for their work and service provided to the City. The inventory would consist of surveying all ash and other deciduous trees with a diameter of 6 inches or greater and all coniferous trees with a diameter of 4 inches or greater on the attached map. If time allows, the intern would also field verify and update tree information collected during the 2010-2011 tree inventory for improved accuracy. Staff is seeking support from the Council to apply for the Hennepin County Healthy Tree Canopy Grant of up to $20,000 for this work, which would be completed over the next 12 months upon receipt of the grant award with a required local match of up to $5,000. There is adequate funding in Forestry budget 1646/6440 for the local match of up to $5,000. A resolution supporting the application is attached. Attachments Resolution Supporting Submittal of Application to Hennepin County for Tree Canopy Grant (1 page) Tree Inventory Map (1 page) Recommended Action Motion to adopt Resolution Supporting Submittal of Application to Hennepin County for Healthy Tree Canopy Grant. RESOLUTION NO 19-44 RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION TO HENNEPIN COUNTY FOR TREE CANOPY GRANT WHEREAS, the City of Golden Valley has identified the need to update its tree inventory to be able to successfully manage the forestry in its publicly owned spaces; and WHEREAS, funding for this work is available from Hennepin County, which provides grants to support a healthy tree canopy; and WHEREAS, the City of Golden Valley has committed to a match of up to $5000 if awarded a Tree Canopy Grant from Hennepin County; and WHEREAS, the grant and the local match will fund the update of a tree inventory for City-owned public spaces; and WHEREAS, the tree inventory from this project would help staff combat emerald ash borer, maintain healthy trees in public areas, and manage the impact of climate variation on City-owned trees; and WHEREAS, the grant request is consistent with action items and goals identified in the 2040 Comprehensive Plan, Natural Resources Management Plan, and Emerald Ash Borer Management Plan; and WHEREAS, staff has reviewed all terms and conditions of this funding opportunity and finds them to be satisfactory. NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the Council is supportive of staff’s submittal of an application to Hennepin County for the Tree Canopy Grant. Adopted by the City Council of Golden Valley, Minnesota this 7th day of August, 2019. Shepard M. Harris, Mayor ATTEST: Kristine A. Luedke, City Clerk C I T Y O F C R Y S T A L C I T Y O F R O B B I N S D A L E CITY OF MINNEAPOLISC I T Y O F S T . L O U I S P A R K CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OFROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK C I T Y OF N E W H O P E CITY OF PLYMOUTHCITY OF MINNEAPOLISC I TY O F S T . L O U I S P A R KCITY OFPLYMOUTH456766 456770 456766 456740 456740 4567156 4567102 394 394 Æÿ55Æÿ55 Æÿ100 Æÿ100 169 169 Laurel Ave Duluth St 10th Ave N Regent Ave NNoble Ave NOlympia St Western Ave Culver Rd 23rd Ave N Kelly DrWayzata Blvd Knoll St Plym ou th Ave N Sumter Ave NPennsylvania Ave NN Frontage Rd S cottQuebec Ave NValders Ave NCountry Club Dr 26th Ave N SandburgRd ZaneAve NManor DrWinsdale St Brunswick Ave N34th Ave N Boone Ave NEarl St Rd A veNBridgewaterRdTryol Tra ilFlorida Ave NHanley RdGolden Hills Dr Lowry Ter Winnetka Ave SXerxes Ave NIndependence Ave NMajorDrZenith Ave NFlag Ave NWestwood Dr SWestbend Rd Sumter AveSHampshireL nOrchard Ave NCircle Down Lindsay St NobleDrPoplar DrAve Heights Dr Heights Dr S FrontageR d Dres d e n L n Lege ndDrFrontage RdBrookridgeAveNWinnetka Ave NLawn TerNatchezAve SGettysburg Ave NMarket St Naper St Decatur Ave N Oregon Ave NKewanee W ay Pennsylvania Ave SDona Ln ArdmoreDrGlenwoodPk w y Tryol TrailWestbrook Rd M cN airDr Phoenix St OttawaAve NThotland Rd Wisconsin Ave NUtah Ave SJersey Ave SBies DrWills PlColon i al DrEdgewood Ave NBassettCree k DrAdair Ave NJuneAveSNevada AveNHarold Ave BrookviewPkwyNWynnwood Rd Lee Ave NTurners Cr ossroadNAquil aAveNMendelssohn Ave NBrookviewPkwy SE lm daleRd M ea nderRd Jersey Ave NSorell Ave Dakota Ave SVista DrKyleAveNWindsorWayAve SGoldenValley Road/ County R o ad 66Highway 100Ros eMarylandAve NAlfred Rd Cortlawn Cir SIdaho Ave NIndianaAve N7th Ave N RhodeIsland Ave NBrunswick Ave SZ a n e Av e NBurntsideDrRoanoke Rd WoodstockAve PerryAveNAve NTrailMedle y L n Georgia Ave NWallySt Cutacross Rd Xenia Ave NHampshireKillarney DrKentucky Ave SJuneAve NZephyr PlLouisiana Ave SCloverLnC loverleafDr Clo v erleafDrLilacLoop MaryHillsDrFloridaAveSXylonAveNDecaturAveNKent uckyAveNTopelRd YorkAve NGreenValley Rd Chatelain T er No r m an d y Bo n n i e L n Elgin Pl MerribeeDr Louisiana Ave NDuluthLn Marie Ln E Kalt ernLnOrkla DrLilacDrNToledoAveNM a rkayRidge WestbendRd FairlawnWayGo ldenValley R d NevadaAve SMarieLnW WestmoreWay WolfberryLn HamptonRd YukonCtHampshireAve NKentleyAve Cortlawn Cir WWinnetka OregonAve SPlUnityAveNB a s s e t t C reek Dr BassettCreek Ln M innaq u aD rToledoA v e NWinfieldAveUnity Ave NB re n nerP a s s FaribaultSt ArcherAve N AdelineLn K in g s t o n C ir G o lde n V a lleyD rVarnerCirValders Ct Greenview LnHampshire Ave NWinnetka Phoenix St Duluth St Wayzata BlvdWisconsinAveN Adell A ve MajorAveNZealandAveNEnsignAveNKelly DrXerxes Ave NKnoll St Lilac Dr NFlag Ave NRhode Island AveNPlymouth Ave N Wayzata Blvd G o lden Valley R d Orkla DrWayzata BlvdAve NZealandAveNS tCroixCirLeeAveNLamplighterLnSandburg LnMadisonAve WLewis RdLilac Dr NHamptonRd Elgin Pl Boone Ave NCircleDownJersey Ave NWinsdale St OttawaAve NOlympiaSt Winnetka Heights Dr LilacDrNLouisiana Ave NKyleAveNNoble AveManor 10th Ave N RhodeIslandAveSHalfMoonDr OrdwayLaurel Pt Lo rin gL n Winsdale StZane Ave NHarold Ave FloridaAve NJerseyAve NParkview TerPh o en ix StWisconsin Ave NW a y zataBlvd FranceAve NHiddenLakesP k wyIsland DrTryolTrail Maryla ndAveNMedicine Lake Road / County Road 70B e t t y CrockerDr RidgewayRdRhodeIslandAveNTerrace LnCastleCtFieldIndiana Ave NSchaper Rd Colonial Rd 24th Ave N 27th Ave N SussexRdKing Hill RdConstance Dr W25th Ave N SpringValley CirFrontena cAve SkylineDrSkyline DrHampshirePlCavellAveNLaurelAveSkiHillRdMeridianDrWesternTerLouisianaAveNColoradoStMargaretD rRoanoke CirCherokeeOak GroveQu e b e cAv e SKennethWayWasatchLnWelcomeTyrolCrest CortlawnCir N NatchezAveNBur n t s ide DrG oldenV alleyRdGeneralMillsBlvdEdge w ood Ave SEdgewoodAve SEllis LnJonellen LnWestwoodLn Gregory Cr est vi ewAveColoradoWis c o n si n A v e S Valley- woodCir Maryland Ave SMedicine Lake Road / County Road 70 SchullerGettysburgCtVermont AveSFloridaCtMajorCir PrincetonAve SValery RdBrogger CirGardenPark QuailAve NOrchardLouisiana Ave SWestern Ave PerryAve NIdahoAve NWayzataBlvdValdersAveNValdersAve NYosemiteAve NWinsdale St Decatur AveNNatchezAve SG len w o o d P kw yOttawaAve SEdgewoodAve NSpringValleyRdSt Croix AveN Wat erfordDrMendelssohn Ave NManches te r Dr HeritageCir StCroix AveN W el comeWinnetka Avenue North / County Road 156Douglas Drive / County Road 1021 Highway1693 S F r o ntage Rd DuluthStreet /County R o ad 66 LaurelCurvEnsign Ave NOrchardAve NIdaho Ave NKnoll WestbrookRd Winsdale St BrunswickScott Ave NWynnwood Rd HillsboroAve NSunsetRidge DrQuebec StOttawaA veSAngeloDrWoodlandTrailHiddenLakes PkwyWinsdaleSt AlpinePa ssAvondaleRd Dou glasAveQuentinAveSRavineMaddausLnLnKylePlUnityAve NToledoAveNSpruce TrWes tchesterCirCirCt WaterfordScottAveNDawnview Ter Dawnview Ter ConstanceDrELilac Dr NPlymouth Ave NWisconsinAveNMedley Rd 6 PaisleyLnGlendenTer P l Noble Ave NTer Byrd Ave N Parkvie w B lv dYorkAveNMeadowLnSLilac DrNAveNDuluthStPatsy Ln 2 3 H illsboroINDEX1 - English Cir2 - Kings Valley Rd3 - Kings Valley Rd E4 - Kings Valley RdW5 - Marquis Rd6 - Mayfair Rd7 - Stroden Cir8 - Tamarin Tr CarriagePath M endelssohnLn N ValeCrestRdCir Executive Summary For Action Golden Valley City Council Meeting August 7, 2019 Agenda Item 3. E. Approve Agreement with Canadian Pacific for DeCola Ponds B and C Improvement Project Prepared By Jeff Oliver, City Engineer Eric Eckman, Development and Assets Supervisor Summary As part of the DeCola Ponds B and C Improvement Project, the City and its contractor will need to perform some minor clearing, earthwork, and revegetation on railroad property in the area shown on the attached map. As is typical with any City project on railroad property, a license agreement must be executed between the City and the railroad company. Staff has met onsite with railroad representatives and they are supportive of the project which will lower the normal water level and the flood level of DeCola Pond C adjacent to the railroad property. Attachments Location Map (1 page) Right-of-Entry License Agreement (42 pages) Recommended Action Motion to approve agreement with Canadian Pacific the for DeCola Ponds B & C Improvement Project. Duluth St OlympiaStSumter Ave NPennsylvania Ave NQuebec AveNSandburg RdHampshire L nNevada Ave NRhode Island AveNGreenValley Rd ArcherAve NRhode Island Ave NWinnetka Heights Dr LouisianaAve NWinsdaleStSandburgLnMadisonAve W Maryla ndAveNMedicine Lake Road / County Road 70 Winnetka Avenue North / County Road 156Kelly Dr0 500 1, 000250Feet ILocationMap Sources: Print Date: 7/ 31/2019-Hennepin County Surveyors Office for Property Right of Entry-….(contractor name). v 01.10 Page 1 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee RIGHT OF ENTRY LICENSE AGREEMENT THIS LICENSE AGREEMENT (this “Agreement”) is made by and between Canadian Pacific and the City of Golden Valley 1. PARTIES: SOO LINE RAILROAD COMPANY, a Minnesota corporation doing business as Canadian Pacific with general offices at: Address Contact Info Canadian Pacific Plaza 120 South 6th St. – Suite 700 Minneapolis, Minnesota 55402 Name: Jim H. Krieger Phone: (612) 330-4555 Fax: (612) 904-5917 Email: Jim_Krieger@cpr.ca hereinafter called “CP,” and City of Golden Valley, a Minnesota municipal corporation whose address is: Address Contact Info ATTN. Jeff Oliver P.E., City Engineer 7800 Golden Valley Road Golden Valley, MN 55427 Name: Jeff Oliver Phone: 763-593-8084 Fax: 763-593-3988 Mobile: (>) > Email: joliver@goldenvalleymn.gov hereinafter called “Licensee.” 2. PROPERTY; SCHEDULE; GRANT OF LICENSE; 2.1. Property CP hereby grants Licensee a license to enter in and upon certain property owned or controlled by CP in Golden Valley, Hennepin County, Minnesota near railroad mile post 10.55 +/- on the MN&S SPUR Subdivision, as shown upon the map labeled Exhibit A that is attached hereto and made a part hereof (the “Property”) 2.2. Work Schedule: for the sole for the purpose of performing, generally, the following activities: maintaining the berm between Decola Ponds C and D by removing vegetation and performing minor grading and filling work; restoring the disturbed area with native vegetation; and monitoring and maintaining native vegetation for three growing seasons (the “Work”), as detailed in Licensee’s plans, specifications and special provisions. The Work is subject to approval by CP’s authorized representative. 2.3. Grant of License: This license is granted subject to all the terms and conditions set forth below and applies to all Work and activities upon the Property that may be performed by Licensee through its employees, agents, and contractors. For the purposes of this Agreement, the actions and Right of Entry-….(contractor name). v 01.10 Page 2 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee omissions of such employees, agents, and contractors shall be deemed the actions and omissions of Licensee. 2.4. Agreement To Be Available At Work Site: Licensee shall keep a copy of this Agreement at the Work site and shall make it available upon demand by any employee or agent of CP. 3. TERM, EFFECTIVE DATE, EXPIRATION & TERMINATION 3.1. Term: The term of this Agreement shall Commence at 12:01 am on September 1, 2019 (the “Commencement Date”); and Expire at 11:59 pm on November 30, 2020 (the “Expiration Date”) the “Term.” Upon agreement between CP and Licensee, the Term may be lengthen or shorten without affecting any other provisions of this Agreement 3.2. Effective Date: This Agreement shall be effective upon the date that it has been signed by both parties. 3.3. Expiration: This Agreement will expire at the Expiration Date, or when the Work is completed, whichever occurs first. Notwithstanding any other provision of this Agreement, the preceding sentence shall not terminate or limit any claim by CP against Licensee arising prior to the Expiration Date. If the Work includes monitoring wells, and if such wells remain on the Property after the Expiration Date, this Agreement shall remain in effect for those wells until the earlier of the following: i) the date they are properly closed (i.e., sealed and abandoned in accordance with applicable legal requirements) by Licensee or ii) the date CP assumes ownership of such wells pursuant to section 10.8. 3.4. TERMINATION; EXCLUSION: NOTHWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, this Agreement is terminable by CP prior to the Expiration Date in the event Licensee breaches any of its obligations under this Agreement. If CP elects to terminate this Agreement, it shall give Licensee notice of termination, which notice shall specify the obligation or obligations breached by Licensee; and this Agreement shall terminate 30 days after such notice is given (provided, however, that this Agreement shall not terminate if the breach is cured within said 20 day period). This Agreement is also subject to early termination pursuant to paragraph 21. The early termination of this Agreement shall not terminate or limit any claim by CP against Licensee arising prior to such termination. If Licensee is in breach of any of its obligations under this Agreement, any employee or agent of CP may order Licensee off the Property, in which case Licensee shall immediately leave the Property; moreover, Licensee shall leave the property immediately upon receipt of a notice given pursuant to this paragraph 3(D); and in either case, Licensee shall not re-enter the Property until such time as the breach is cured. 4. PAYMENTS 4.1. License Fee. In consideration of the permissions herein granted, the Licensee shall with its execution hereof pay to CP the sum of Fifteen Hundred ($1500.00) Dollars. Right of Entry-….(contractor name). v 01.10 Page 3 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee 4.2. Utilities. Licensee shall assume and timely pay for any gas, electrical, telephone, computer, sewer, water, storm water, waste or trash removal or any other service or commodity connected with the Work, collectively “Utility Service.” If any Utility Service fee is in common with CP or other parties, Licensee shall be liable for its proportionate share of any such Utility Service Fee and upon receipt of a bill therefor, promptly pay CP or such other party for its share. It shall be a default in the terms of this lease if it can be shown that Licensee has not made such payments within 30 days if due to CP, or within 60 days if payable to any other party. 4.3. Mechanics' And Materialmen's Liens: If any mechanics' or materialmen's lien, or similar lien, is asserted against the Property, or any other property of CP, as a consequence of the Work, Licensee shall immediately satisfy, defend, or obtain the release of such lien, all at Licensee's expense, and Licensee shall indemnify and defend CP against any Claims arising out of or connected with such lien. 4.4. Additional Charges. Licensee shall within 30 days of receipt of a bill therefor, pay to CP costs for flagging, track changes or damage, or other such charges as may be provided by this Agreement or that CP may reasonably impose in connection with Licensee’s Work. 4.5. Due Dates; Penalties; Other Charges 4.3.1. Due Dates Any item, submission or payment required to be made shall be deemed timely made if received by the other party on or before the specified due date, or prior to expiration of the applicable period for compliance, submission or payment. 4.3.2. Late Fees In addition to any amounts payable by Licensee to CP, Licensee shall pay CP a late fee for any payment not timely made by Licensee. The late fee shall be at the rate for overdue accounts set by CP’s Accounting Department that is in effect at the time that that any such payment is due. Said late fee shall initially be an amount equal to 1% of the invoice amount per month. 4.3.3. Fines & Service Fees In addition to any other amounts payable by Licensee to CP, Licensee shall pay CP for any bank fines or service incurred by it in connection with the handling, non-payment, return or currency conversion incurred by CP in connection with processing of any payment made by Licensee to CP. 4.6. Work At No Cost To CP: The Work completed by Licensee shall be performed at no cost to CP. 5. CONTACT, NOTICES, ETC. 5.1. Contact Persons; Communications: Communications pursuant to this Agreement shall be directed to the contact persons designated in Section 1 or their designees. Either party may change its contact person, or the address(es), telephone number, or fax number for the contact person, by notice to the other party. 5.2. Notices: Except as otherwise provided in this Agreement, all notices pursuant to this Agreement shall be in writing and shall be effective upon delivery to the address or fax number of the contact person for the party to whom notice is being given. If notice is given by fax, the notice shall not be deemed effective until received in legible form. Right of Entry-….(contractor name). v 01.10 Page 4 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee 5.3. Notification Prior To Beginning Work: Licensee must notify CP's contact person by telephone at least three working days prior to beginning any separate phase of the Work, and again promptly after such phase of the Work has been completed. 6. PERMITTED & PROHIBITED USES; RIGHTS OF CP 6.1. Permitted Uses: 6.1.1. The Work: The use of Property by Licensee shall be limited to the completion of the Work set forth in Section 2.2., or such other kind of activities as may be approved by CP in writing. 6.1.2. Government Authorities. Licensee may permit governmental authorities other than Licensee with jurisdiction over the Work to enter the Property for the purpose of inspecting or monitoring the Work. Whenever possible, Licensee shall advise CP (by telephone or other means calculated to bring the matter to CP's immediate attention) prior to permitting such governmental authorities to enter the Property for such purposes. The actions and omissions of such governmental authorities while on the Property for such inspections and monitoring shall be deemed the actions and omissions of Licensee. Licensee is not authorized to permit governmental authorities other than Licensee to enter the Property for any other purpose. 6.2. Prohibited Uses and Activities. The Licensee shall not use, occupy or permit the Property to be used for any purpose, activity or improvement except as provided in this Agreement or as may be approved of in writing by CP. Specifically, Licensee shall not: 6.2.1. Advertising permit any advertisements or signs upon the Property; 6.2.2. Use of Hazardous Substances without prior written disclosure to and approval by CP, Use or authorize the Use of any Hazardous Substance on the Property, including installation of any above or underground storage tanks; subject thereto, the Licensee shall arrange at its own cost for the lawful transportation and off-site disposal of any and all Hazardous Substances that it shall Use or generate; 6.2.3. Use of Premises for waste treatment or as storage or disposal facility cause or allow the Property or any of CP's adjacent property to become a hazardous waste treatment, storage or disposal facility within the meaning of, or to otherwise bring any such property within the ambit of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. or any similar state statute or local ordinance; or 6.2.4. Subleasing is prohibited. sublease the Property or the permissions or rights herein granted in any manner or form. 6.3. Reservations and Rights of CP: 6.3.1. Railroad Activities Take Priority over Work All Work by Licensee shall always and all times be subordinate to the needs of CP in connection with the operation and movement of railroad trains and equipment, and the repair of railroad track, structures, communications and appurtenances thereto. Right of Entry-….(contractor name). v 01.10 Page 5 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee 6.3.2. Reservation of prior and future uses not inconsistent with Licensee’s activities. The rights herein granted to Licensee are subject to the rights granted in all other licenses, permits and easements for tracks, roads, walkways, poles, wires, pipelines, sewers, billboards and other improvements that exist or may be placed upon, across, above or underneath the Property by CP, or its employees, agents, licensees, grantees, representatives or invitees. Further, CP reserves unto itself the right to place (or to give others the right to place) additional tracks, roads, walkways, poles, wires, pipelines, sewers and billboards upon, across, above or underneath the Property in any manner that does not unreasonably interfere with Licensee’s Work. 6.3.3. Monitoring CP may elect to be present during the conduct of the Work and to monitor same. 7. COVENANTS, CONDUCT & RESPONSIBILITIES 7.1 Definitions 7.1.1 "Claim” or "Claims” means any and all liabilities, suits, claims, counterclaims, causes of action, demands, penalties, debts, obligations, promises, acts, fines, judgments, damages, consequential damages, losses, costs, and expenses of every kind (including without limitation any attorney’s fees, consultants’ fees, response costs, remedial action costs, cleanup costs and expenses which may be related to any Claims); 7.1.2 "Environmental Law” or "Environmental Laws” means the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq., the Clean Water Act, 33 U.S.C. '§1321 et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law, ordinance, order or decree dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted; 7.1.3 "Hazardous Substance” or "Hazardous Substances” means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl or any other chemical, substance or material listed or identified in or regulated by any Environmental Law; 7.1.4 "Release” or "Released” means any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing or spreading of any Hazardous Substance into the environment, as environment” is defined in CERCLA; 7.1.5 “Response” or "Respond” means action taken in compliance with Environmental Laws to correct, remove, remediate, cleanup, prevent, mitigate, monitor, evaluate, investigate, assess or abate the Release of a Hazardous Substance; 7.1.6 "Use” means to manage, generate, manufacture, process, treat, store, use, re-use, refine, recycle, reclaim, blend or burn for energy recovery, incinerate, accumulate speculatively, transport, transfer, dispose of, or abandon. 7.2 Investigation; Compliance with Laws; Safety Requirements. 7.2.1 Tenants and Licensees in possession of Property. Right of Entry-….(contractor name). v 01.10 Page 6 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee Before entering the Property, Licensee shall secure the consent of all persons or entities who are using or occupying any portion of the Property. CP will cooperate with Licensee to obtain consent from any such person or entity who unreasonably withholds consent. 7.2.2 Underground Utilities And Structures: a. Licensee shall be responsible for determining the location of all underground utilities (electric lines, telephone lines, gas lines, steam lines, sewer lines, water lines, fiber optic cables, pipes, wires, and the like) and underground structures. b. Licensee shall call CPCBYD “Canadian Pacific Call before You Dig” at 1-866- 291-0741 for Signal, Fiber Optics, and Power for CP Facilities on Canadian Pacific Right of Way and the STATE “ONE CALL” a minimum of 5 business prior to commencing any excavation or boring on the Property. c. CP will cooperate with Licensee to identify the location of underground utilities and structures known to CP, but such cooperation shall not relieve Licensee from its primary responsibility to determine the locations of such utilities and structures. 7.2.3 Permits And Licenses; Compliance With Laws: Licensee shall secure, at no expense to CP, any permits or licenses required in connection with the Work and shall comply with all laws applicable to the Work and the Property, including (but not limited to) any laws, standards, regulations, and permit requirements relating to environmental pollution or contamination or to occupational health and safety. Licensee shall indemnify and defend CP against any and all Claims arising out of or connected with the violation of any law by Licensee while on or about the Property. 7.2.4 Compliance With CP Safety Requirements; Identification: a. While on the Property, Licensee shall comply with the safety requirements of CP, as such requirements may be amended from time to time during the duration of the Work, all at no expense to CP. CP's safety requirements are set forth “Exhibit B” titled “MINIMUM SAFETY REQUIREMENTS FOR CONTRACTORS WORKING ON RAILWAY PROPERTY” and in CP’s current safety handbook. One free copy of the current safety handbook will be provided to the Licensee by the CP contact person. Additional copies will be provided at Licensee's expense. Licensee shall be responsible for ensuring that any person performing any of the Work for or on behalf of Licensee shall comply with the CP safety requirements that would apply to a CP employee performing similar work. b. Prior to any entry onto the Property, Licensee and every employee, agent or subcontractor who carries out any part of the Work on the Property shall successfully complete the safety training available through the e-railsafe program at www.e-railsafe.com in respect to requirements for Canadian Pacific operations. if applicable> c. Licensee and every employee, agent or subcontractor who carries out any part of the Work on the Property shall at all times wear and visibly display the identification badge issued to them following successful completion of the e-railsafe safety training together with whatever additional identification materials that CP may reasonable require. 7.3 Work In Close Proximity To Railroad Operations; Drainage: 7.3.1 Interference With Railroad Operations: Right of Entry-….(contractor name). v 01.10 Page 7 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee Licensee shall keep CP fully apprised of its proposed activities on the Property so as to prevent any interference with the operations of CP's trains or equipment (or trains or equipment of others) operating on or near the Property. 7.3.2 Clearance; No work shall be done or any equipment or other obstruction placed over or within 25 feet laterally of the centerline of any track without advance notification to CP prior to performing such work or placing such equipment or obstruction. 7.3.3 Flagging: Licensee must make arrangements with CP for such flagging or watchman service as CP deems necessary for the protection of railroad traffic. All such flagging and watchman service shall be provided by CP at Licensee’s expense. The fact that CP provides such service shall not relieve Licensee from any liability under this Agreement. CP's labor and material additives are subject to change without notice to Licensee, and CP shall be reimbursed based upon its labor and material additives actually in effect as of the date of such service. 7.3.4 Certain Work Close To Track Not Permitted; Lateral Support: a. Unless otherwise agreed to in writing by CP, excavations, borings, wells, pits, test holes, probe sites, and the like shall not be located closer than 25 feet from the centerline of the nearest railroad track on or adjacent to the Property nor shall it take or allow any action upon the Property that would materially impair the lateral or subadjacent support of adjacent lands or railroad tracks.; b. Unless otherwise agreed to in writing by CP, drilling and excavating equipment and related equipment shall not be located closer than 25 feet from the nearest rail of any such track; c. In the event that CP permits excavations, borings, wells, pits, test holes, probe sites, or the like in close proximity to tracks, embankments or other features providing lateral or subadjacent support to land or tracks, then notwithstanding anything to the contrary in this license, Licensee shall be responsible for designing and constructing at no cost to CP any measure that is required to prevent the collapse, erosion or impairment to said land or tracks. 7.3.5. Storm Water Licensee shall not, without the advance written approval of CP, make any changes to the Property that would either increase the historic flow rate of storm water from the Property or create an impediment to the historic flow of storm water to the Property. Unless otherwise agreed in writing, Between CP and the Licensee it is understood and agreed that Licensee shall at Licensee’s cost and expense be liable to CP for the construction, maintenance, repair and replacement upon the real property or other land not belonging to Grantor such storm sewer lines, manholes, mains, rip rap, boulders, wing walls, ditches and related 7.3.6. Fencing <not applicable> Licensee shall, at no cost to CP, construct and maintain during the term hereof a fence acceptable to CP in the location(s) designated on Exhibit A. Following completion of the Work, the Licensee shall remove the fencing, remove any post footings or concrete, and fill and tamp any post holes with clean fill material. 7.4 Conduct Right of Entry-….(contractor name). v 01.10 Page 8 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee 7.4.1. Property clean, safe and free from nuisances The Licensee shall not permit the existence of any nuisance upon the Property and shall at all times keep the Property in a proper, clean, safe and sanitary condition, and free from accumulations of waste materials, debris or refuse. 7.4.2. Release of Hazardous Substances: The Licensee shall not cause or allow the Release or threat of Release of any Hazardous Substance on, to, or from the Property. 7.4.3. Response Actions The Licensee shall promptly take all necessary action in Response to any Release or Use of a Hazardous Substance at the Property caused by, or attributable to, any act or omission of the Licensee (or the Licensee's employees, agents, representatives or invitees) that could: a. give rise to any Claim under any Environmental Law, b. cause a public health or workplace hazard, or c. create a nuisance. 7.5. Required Notices/Disclosures 7.5.1 Transportation and Disposal Contracts The Licensee shall, upon written request by CP, provide CP with copies of transportation and disposal contracts and manifests for Hazardous Waste, any permits issued under any Environmental Laws, and any other documents demonstrating that the Licensee has complied with all Environmental Laws relating to the Property 7.5.2 Releases or Suspected Releases The Licensee shall promptly notify CP of any actual or suspected Release of any Hazardous Substance on, to, or from the Property, regardless of the cause of the Release. 7.5.3. Notices, summons citations, etc. The Licensee shall promptly provide CP with copies of all summons, citations, directives, information inquiries or requests, notices of potential responsibility, notices of violation or deficiency, orders or decrees, claims, causes of action, complaints, investigations, judgments, letters, notices of environmental liens or Response actions in progress, and other communications, written or oral, actual or threatened, from the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, or other federal, state or local agency or authority, or any other entity or individual, concerning: a. any Release of a Hazardous Substance on, to or from the Property, b. the imposition of any lien on the Property, or c. any alleged violation of or responsibility under any Environmental Law relating to the Property. 7.5.4. Other Reports <not applicable> Licensee shall, at CP’s option, provide CP, at no cost to CP, a copy of any other report, summary or written test results, collectively “Report,” pertaining to the Work. If any such Report is to be filed or made available to any governmental agency, other than Licensee, acting in a regulatory capacity, other than Licensee, then Licensee shall also give CP a reasonable time (not less than 5 working days) to review and comment on a draft of such Report and when preparing any such final Report pertaining to the Work, Licensee or its contractor shall give due consideration to CP's comments with respect to the draft of that Report. Licensee will promptly provide CP with a copy of any final Report. Right of Entry-….(contractor name). v 01.10 Page 9 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee 7.6. CP’s right to Participate in Response Actions Following receipt of any notice, order, claim, investigation, information request, letter, summons, citation, directive, or other communication identified in 7.D.iii connection with any action taken pursuant to section 7.C.iv, Licensee shall notify CP of any and all investigations, telephone conferences, settlement discussions, remediation plans and all other interactions, direct or indirect, with governmental or regulatory officials, and Licensee shall take all action necessary to ensure that any indemnification, release, waiver, covenant not to sue, or hold harmless agreement benefiting Licensee and arising out of such activities, whether from a governmental or regulatory entity or from a private entity, also benefits CP to at least the same extent as Licensee. 7.7. Restoration of Property; Upon completion of the Work or expiration or early termination of this Agreement, whichever occurs first, Licensee shall remove any debris resulting therefrom and shall restore the Property to the condition it was in prior to the commencement of the Work (or such other condition as is satisfactory to CP). All excavations are to be backfilled and tamped. All borings shall be backfilled with grout. Drill cuttings shall not be used as backfill. Licensee shall dispose of all drill cuttings, soil and sediment samples, purge water, dewatering effluent, and water samples and all excess excavation material in a manner acceptable to CP and in accordance with all applicable laws, all at no expense to CP. 8. LIABILITY 8.1. Damage To Tracks, Facilities, And Equipment: If any tracks, facilities, or equipment owned, used, or maintained by CP are damaged in connection with the Work, CP shall repair (or arrange for the repair of) such damage and Licensee shall pay the full cost of such repair within 30 days after CP shall tender a bill therefor. 8.2. Assumption Of Risk: Licensee is fully aware of the dangers of working on and about railroad property and railroad operations and knowingly and willingly assumes the risk of harm (e.g., injury to or death of persons and damage to or destruction of property) that may occur while on and about the Property. Without in any way limiting the scope of the preceding sentence, Licensee assumes the risk that monitoring wells, elevation bench marks, reference points, and other installations located on the Property may be disturbed, damaged, or destroyed by CP or third persons, and Licensee shall not make any claim against CP on account of same, even if such disturbance, damage, or destruction arises from the negligence of CP or its employees, agents, or invitees. Licensee assumes full responsibility for protecting its installations and personal property from theft and vandalism while such installations and personal property are on the Property. 8.3. Indemnity: To the maximum extent permitted by applicable law, Licensee shall indemnify and defend the Indemnified Parties (as defined below) against all claims, demands, actions, su its, judgments, losses, damages, penalties, fines, and sanctions (collectively, “Claims”) arising out of or relating to any destruction of (or damage to) any property or natural resource, any injury to (or death of) any person, or any environmental pollution or contamination whatsoever, where such destruction, damage, injury, death, pollution, or contamination actually arises in whole or in part from the Work, any action or omission of Licensee while on or about the Property pursuant to this Agreement, or the exercise by Licensee of the license granted by this Agreement. As used in this Agreement, Indemnified Parties means the following businesses and their officers, directors, employees, and agents: Soo Line Railroad Company, Soo Line Right of Entry-….(contractor name). v 01.10 Page 10 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee Corporation, Canadian Pacific Railway Company, any company doing business as Canadian Pacific Railway, and any railway company or contractor operating trains or rail equipment upon railway tracks in close proximity to the Property, together with the parent companies, subsidiaries, and affiliated companies of all of the foregoing. 9. INSURANCE. Licensee shall procure and maintain in effect (or shall cause its contractor to procure and maintain in effect), at any time when any portion of the Work is being performed, the following insurance: 9.1. Comprehensive General Liability Insurance: Comprehensive general liability insurance with a policy limit of not less than $2,000,000 per occurrence and $3,000,000 aggregate for bodily injury, death, and damage to or destruction of property (including the loss of use thereof). The policy will include those policy extensions commonly referred to as broad form completed operations, contractor's protective, collapse, and underground damage. The policy shall by its wording or by endorsement insure those liabilities and obligations which this Agreement contemplates will be assumed by Licensee, including liabilities and obligations to indemnify the Indemnified Parties. The policy shall be endorsed to require that CP be given not less than 30 days’ written notice in advance of cancellation or termination of the policy or of any change or amendment to the policy that restricts or reduces coverage. The policy shall be endorsed with a cross liability (severability of interest) endorsement in substantially the following form: "This policy shall insure each person, firm, or corporation hereunder in the same manner and to the same extent as if a separate policy had been issued to each, but the inclusion herein of more than one insured shall not operate to increase the limits of the insurance company's liabilities." The policy shall be endorsed to add the following as additional insureds: Soo Line Railroad Company, Soo Line corporation Canadian Pacific Railway Company, any company doing business as Canadian Pacific Railway, and any railway company or contractor operating trains or rail equipment upon railway tracks in close proximity to the Property, together with the parent companies, subsidiaries, and affiliated companies of all of the foregoing (collectively, the Protected Parties). The policy shall also be endorsed to waive subrogation rights against the Protected Parties. 9.2. Automobile Liability and Property Damage Insurance: Automobile liability and property damage insurance in an amount not less than $1,000,000, personal injury and property damage combined, covering the ownership, use, and operation of any motor vehicles and trailers licensed for use on public highways which are owned, leased, or controlled by Licensee or its contractor and used in connection with the Work. The policy shall be endorsed to require that CP be given not less than 30 days’ written notice in advance of cancellation or termination of the policy or of any change or amendment to the policy that restricts or reduces coverage. 9.3. Workers Compensation Insurance: Workers compensation insurance that meets the requirements of applicable state law. 9.4. Railroad Protective Liability Insurance: Railroad protective liability insurance (occurrence form), in the name of Soo Line Railroad Company and Canadian Pacific Railway Company, with limits of no less than $2,000,000 per occurrence and $3,000,000 aggregate for personal injury and property damage. 9.5. Environmental Pollution Impairment Liability Insurance: <not applicable> Contractor's environmental Pollution Impairment liability insurance with a policy limit of not less than $2,000,000 per occurrence. The policy shall be endorsed to require that CP be given not less than 30 days’ written notice in advance of cancellation or termination of the Right of Entry-….(contractor name). v 01.10 Page 11 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee policy or of any change or amendment to the policy that restricts or reduces coverage. The policy shall be endorsed with a cross liability (severability of interest) endorsement in substantially the following form: "This policy shall insure each person, firm, or corporation hereunder in the same manner and to the same extent as if a separate policy had been issued to each, but the inclusion herein of more than one insured shall not operate to increase the limits of the insurance company's liabilities." The policy shall be endorsed to add the Protected Parties as additional insureds and to waive subrogation rights against the Protected Parties. 9.6. Other Policies of Insurance: <not applicable> Such other insurance as may be necessary to protect the Protected Parties against certain other claims arising out of the Work, to wit: a. claims under any workers' compensation law, b. claims under the Federal Employer's Liability Act, and c. any other claims for damages for personal injury or death. 9.7. Contractual Endorsement Each policy of insurance required in 9.1 and 9.2 shall include the following endorsement upon the certificate, or within the binder, policy or other contractual evidence signed by the insurer and in form acceptable to CP: It is agreed that the policy or policies of insurance evidenced by this certificate covers the liability assumed by the insured in connection with work pursuant to the Right of Entry Agreement dated _______________, 2019 by and between the City of Golden Valley and Soo Line Railroad Company, including work upon railroad property, within railroad right of way and in close proximity operating railroad tracks.” Before Licensee enters the Property, CP must receive and approve certificates of insurance evidencing the coverage’s required by sections 9.1, 9.2, and endorsements 9.7 and CP must also receive and approve either the policy required by subparagraph 9.4 or a binder evidencing that that policy is in effect. CP reserves the right to demand a certified copy of any required policy, and Licensee or its contractor shall provide such copy within 10 working days after CP shall give notice to Licensee demanding such copy. All of the required policies shall be issued by insurers acceptable to CP and shall be acceptable to CP in both form and substance. Licensee shall not enter the Property until all of the required policies have been approved in writing by CP. If the comprehensive general liability and automobile policies are procured by Licensee's contractor, Licensee shall be added as an additional insured party under such policies. If the contractor uses a subcontractor, the contractor shall provide the required policies and shall, in addition, either require the subcontractor to provide insurance equivalent to that described herein (except that only one policy required by subparagraph 9.4 need be provided for the Work) or obtain endorsements to the contractor's policies naming the subcontractor as an additional insured party. If a subcontractor uses a sub -subcontractor, the sub-subcontractor shall either provide insurance equivalent to that required of the subcontractor or shall be named as an additional insured party on the contractor's or subcontractor's policies. In the event any required policy lapses, CP shall have the option of immediately terminating the License, with or without notice to Licensee; such termination shall be without prejudice to CP's rights and privileges under this Agreement. The insurance coverage obtained pursuant to section 9 and its sub-sections shall in no manner restrict or limit the liabilities assumed by Licensee under this Agreement. Right of Entry-….(contractor name). v 01.10 Page 12 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee 10. ENTIRE AGREEMENT 10.1. Survival Of Indemnity Provisions: The indemnification provisions of this Agreement shall survive its expiration or termination. 10.2. Mere License: The permissions encompassed by this Agreement is a mere license to use the Property for the specified purpose and does not create any estate or interest in the Property. 10.3. No Warranty Of Title: CP does not warrant that it has good title to the Property. 10.4. Assignment; Binding Effect: This Agreement may not be assigned by Licensee without the advance written consent of CP. Subject to the preceding sentence, this Agreement shall be binding upon, and inure to the benefit of, the parties' respective successors and assigns. 10.5. Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the state in which the Property is located, without reference to the choice of law rules of that state. 10.6. Entire Agreement: This Agreement is the full, complete, and entire Agreement of the parties with respect to the subjects hereof, and any and all prior writings, representations, and negotiations with respect to those subjects are superseded by this Agreement. 10.7. Headings: The headings used in this Agreement are provided solely as a convenient means of reference. They are not intended to, and do not, limit or expand the purpose or effect of the paragraphs to which they are appended. The headings shall not be used to construe or interpret this Agreement. 10.8. Singular And Plural: As used in this Agreement, the singular form of a word includes the plural form of that word, and vice versa, and this Agreement shall be deemed to include such changes to the accompanying verbiage as may be necessary to conform to the change from singular to plural, or vice versa. 10.9. Duplicate Copies & Counterparts. This Agreement may be executed in counterparts, which together shall constitute one and the same document. The parties may execute more than one copy of this Agreement, each of which shall constitute an original. Right of Entry-….(contractor name). v 01.10 Page 13 of 13 Soo Line Railroad Company City, State ….(contractors name)…, Licensee 11. SIGNATURES. THE PARTIES HERETO have executed this Agreement as evidence of their agreement to the terms herein. CITY OF GOLDEN VALLEY SOO LINE RAILROAD COMPANY doing business as Canadian Pacific Railway By By Its Shepard M. Harris Mayor Its Jim H. Krieger Manager Public Works Date Date By Its Timothy J. Cruikshank City Manager Date EXHIBIT A map of the Property marked to show ……….. and working limits, etc.} EXHIBIT B minimum safety rules for work on railroad property} Project Limits MN&SSPURMP10.55 +/- E2155 2145 Kelly Dr040 8020FeetIExhibit A Sources: Print Date: 6/4/ 2019-Hennepin County Surveyors Office for Property Lines (2019) & Aerial Photography ( 2018).-MnDNR for 2-Foot Contours ( 2011)-City of Golden Valley for all other 1 Minimum Safety Requirement s for Contractors Working on CP Property in the United States Approval Authority: Corporate Risk Effective Date: October 1, 2018 Version: 3.0 Revision Date: October 1, 2021 2 Table of Contents Table of Contents ............................................................................................................... 2 Introduction ......................................................................................................................... 3 1 Application ................................................................................................................. 3 2 Definitions and Interpretation.................................................................................. 3 3 Contractor Compliance & Responsibilities ........................................................... 5 4 Site Safety Plans ....................................................................................................... 7 5 Safety Training ........................................................................................................... 7 6 Safety Orientation ..................................................................................................... 7 7 Safety Job Briefing ................................................................................................... 7 8 Applicable Legislation ............................................................................................. 8 9 Security Access to CP Property............................................................................. 9 10 Personal Conduct ................................................................................................... 10 11 Personal Protection ............................................................................................... 12 12 Railroad Track Protection ................................................................................... 133 13 HAZCOM .................................................................................................................. 17 14 Operation of Highway Vehicles ............................................................................ 18 15 Tools, Equipment and Machinery ........................................................................ 19 16 Emergency Response ............................................................................................ 21 17 Confined Space ....................................................................................................... 23 18 Reportable Accidents, Incidents and Injuries .................................................... 23 19 Reporting ................................................................................................................. 24 20 Contractor & Contractor Personnel Acknowledgement .................................. 25 21 Attachment A - Emergency Information Sheet .................................................. 27 3 Introduction At Canadian Pacific (CP), safety is an integral part of the way we do business. We expect everyone working on Canadian Pacific’s property to be unconditionally committed to safety. Safety must be given top priority and will take precedence over deadlines, production schedules, and all other considerations. 1 Application 1.1 Application 1.1.1 These Minimum Safety Requirements are applicable to all who work on CP property (except as noted in 1.13 and 1.14 below) including Contractors and other persons performing Work or otherwise providing services to Canadian Pacific on CP Property in the United States. 1.1.2 These Minimum Safety Requirements cannot be waived or altered, in whole or in part , without a prior Risk Assessment specific to the W ork being conducted, and written consent has been provided by Manager-in-Charge. 1.1.3 Notwithstanding the foregoing, these Minimum Safety Requirements do not apply to other rail road companies who only operate t rains on CP Property under various trackage or interchange agreements. 1.1.4 Further notwithstanding the foregoing, these Minimum Safety Requirements may not apply to Work or services provided in CP office premises, in which case, CP’s Minimum Safety Requirements for Contractors Working in CP Offices may apply. 2 Definitions and Interpretation 2.1 Definitions 2.1.1 In these Minimum Safety Requirements, the following capitalized terms shall have the ascribed meaning below: a) “Applicable Legislation” means all applicable legis lation, regulations, by -laws, codes, rules, standards, policies, procedures, promulgated by any federal, state, and municipal governmental body, including those of its agencies, having authority over CP and, or a Contractor in relation to the Work in the m atter of health and safety of the person, property and, or the environment; b) “Canadian Pacific” or “CP ” means Canadian Pacific Railway Company Ltd., and its subsidiaries and affiliates, and includes each of their respective directors, officers, employees, agent, and representatives; c) “CP Personnel” means CP’s employees, agents, and representatives; d) “CP Property” means any building, facility, yard, track, right of way or other property owned or controlled by CP; e) “Contractor” means the company or person, and their respective employees and authorized agents, representative and subcontractors who are providing goods or services to CP; or on behalf of a third party working on CP property. f) “Contractor Personnel” means the Contractor’s employees, and authorized agents, representative and subcontractors; g) “Co-mingled Work” means Work where Contractor Personnel works directly with or, in close proximity (time or space) to CP Personnel; 4 h) “eTest” an efficiency test. It is a planned proc edure to evaluate compliance with rules, instructions and procedures, with or without the employee's knowledge. i) “Foul of Track” means the placement of an individual or equipment within 4’ feet of the outside rail of a railway track that could be struck by a moving train or on- track work equipment (e.g. Hi-rail equipment). j) “Hazardous Materials” means any substance, which is hazardous to persons or property and includes, without limiting the generality of the foregoing: i) radioactive, explosive, poisonous, or toxic substances; ii) any substance that if added to any water, would degrade or alter the quality of the water to the extent that it is detrimental to its use by man or by any animal, or plant; iii) any solid, liquid, gas or odor or combination of any of them tha t, if emitted into the air, would create or contribute to the creation of a condition of the air that endangers the health, safety, or welfare of persons, or the health of animal life, or causes damage to plant life or to property; and iv) substances declared to be hazardous, toxic or dangerous under any law or regulation now or hereafter enacted by any governmental authority having jurisdiction. k) “Manager-in -Charge” means a CP manager as designated or otherwise identified by CP as being responsible for overseeing the Work to be performed, such Manager-in-Charge may include, but is not limited to Local CP Management, Superintendents, Chief Engineers, and Project Managers. l) “Mobile Equipment” means any motorized and self-propelled equipment, excluding railroad equipment and highway vehicles, but including, for example, forklifts, tractors, cranes, ATVs, mules, motorized scissor lifts, telescopic boom lifts, and similar equipment that are not designed to operate or move on railroad tracks; m) “Office Premises” means any building, facility, or portion thereof, or other premises, whether owned or controlled by CP, which is used solely for clerical or administrative purposes and which does not contain heavy equipment or machinery, as designated by CP from time to time; n) “Qualified and Authorized” means a status attained by a person who has successfully completed any required training and demonstrated proficiency in the duties of a particular position or function and who has been given the right to act. o) “Railroad Equipment” means trains, locomotives, railcars, on track equipment (track units ), hi-rail vehicles and any other equipment designed to operate or move on rail road tracks; p) “Site Safety Plan” means a documented plan which set out how Work is to be conducted in a safe manner, as required by Applicable Legislation, see 3.15 c); q) “Third Party Project” means any work being performed on CP property that CP is not managing (i.e, road authority, utility company, commuter agency, or other similar entity, are on CP property for their own purposes, and not a project sponsored or managed by CP. r) “Work” means the provision of products and services and related activities; s) “Work Site ” means any CP Property where CP Personnel or Contractor Personnel are present, or permitted to be present, while engaged in any Work, including any railroad equipment, mobile equipment and highway vehicles operated by or used to convey a person engaged in such Work. This applies also to work immediately adjacent to CP property which can pose a risk to safe railway operations (i.e., blasting, excavation next to ROW, etc). 5 2.2 Interpretation & Application 2.2.1 Where legislation is referred to in these Minimum Safety Requirements, it shall include all amendments and replacements thereto as promulgated from time to time. 2.2.2 Where standards, such as those of the American National Standards Institute (ANSI), are refer red to in these Minimum Safety Requirements, they shall include all amendments and replacements thereof from time to time. 2.2.3 Where there is any ambiguity, inconsistencies, or omissions between or among any agreements with CP, expressed or implied; any Appli cable Legislations; any applicable CP policies and practices; and any applicable industrial standards and practices, Contractor and Contractor Personnel shall adhere to that which is most stringent and current. 3 Contractor Compliance & Responsibilities 3.1 Gene ral Compliance 3.1.1 Contractor shall be fully and solely responsible for ensuring the health and safety of Contractor Personnel and for ensuring that its Work and other activities do not compromise the health and safety of CP Personnel or any other party, the protection of the environment, the protection of CP’s property and those of any other party, and do not interfere with the safety of CP’s rail road operations. 3.1.2 Contractor shall comply with and shall ensure all of Contractor Personnel are trained and qualified to safely perform the Work and that they comply with all Applicable Legislation pertaining to the protection against fire, safety, health, and environmental hazards, and with any license, permits, authorizations issued by the respective authority . Contractor shall provide CP with written certification that Contractor's safety program required by 49 CFR Part 243 has been approved by the Federal Railroad Administration (FRA) where applicable. 3.1.3 Contractor shall comply with and shall ensure all of Contractor Personnel comply with all terms and conditions of all agreements, expressed or implied, between Contractor and CP, and all applicable CP policies and practices. 3.1.4 Subject to the requirements of CP’s Access Control Procedures , the contractor shall provide CP eRailsafe training for each employee engaged in work on CP property. Where there is n o agreement between CP and the Contractor, the Contractor is responsible for meeting the additional requirements outlines within CP’s Access Control Procedures. 3.1.5 Contractor shall provide Contractor Personnel, at its own expense, any and all safety equipment required to protect against injuries during the performance of the Work and shall ensure that Contractor Personnel are knowledgeable of and utilize safe practic es in performing the Work. 3.1.6 The Contractor shall have a copy of the following documents at the Work Site at all times, and shall produce them as and when requested by CP: a) These Minimum Safety Requirements for Contractors Working on CP Property; b) Licenses, certifications, permits, training records or other documents required by Applicable Legislation or these Minimum Safety Requirements; c) Contractor’s Site Safety Plan; d) Contractor’s Emergency Information Sheet (see Attachment A); and e) Any additional documents required by Contract or by agreement with Manager-in-Charge. f) Employee identification (eRailsafe badge – see 9.1.1). 6 3.2 Compliance Assurance 3.2.1 CP reserves the right to observe, inspect, test and audit Contractor and Contractor Personnel for compliance with all requirements herein, and to demand and receive all relevant records, documentation, and materials evidencing compliance, at any time, and from time to time. 3.2.2 Failure of the Contractor or Contractor Personnel to comply with any applicable provisions herein may be considered a material breach, and in addition to all other remedies available, CP may without prejudice: a) take over control of that Work or activity; b) order the Work to stop; and/or c) order Contractor Personnel to leave CP Property. 3.2.3 Upon the earlier of the completion of the Work, the expiration of the applicable agreement, or the request of a Manager-in-Charge, Contractor and Contractor Personnel shall return all identification, badges, access cards, and decals, issued or provided by CP to the Manager-in-Charge. 4 Site Safety Plans 4.1 General Requirements 4.1.1 Prior to starting any Work on CP Property, the Contractor must have a written S ite Safety Plan that identifies: a) A ll applicable legislation, rules, policies and work practices in relation to the work being performed; b) Specific hazards that are associated with the Work being performed on CP property for CP, and Work being performed not for CP: for example: i) Construction, maintenance or inspections of buildings; ii) W orking on or adjacent to railroad tracks; iii) Maintenance or inspection or railroad tracks, crossings or signal systems; iv) Operating Railroad Equipment on CP tracks; or v) When/where Contractor Personnel work directly with or in proximity (time or space) to CP Personnel; and c) Methods of verifying compliance. 4.1.2 The Contractor will provide Manager-In-Charge with a copy of this Site Safety Plan on reasonable request. 4.1.3 The Contractor must be able to demonstrate an awareness of applicable legislation, rules, policies and work practices in relation to the work being performed. 7 5 Safety Training 5.1 Minimum Training & Qualifications 5.1.1 At its sole cost and expense, Contractor shall ensure that all Contractor Personnel be fully trained and qualified for the Work they will be performing. Contractors and Contractor Personnel shall meet, or exceed, all Applicable Legislation requirements relating to training and qualification, including but not limited to the requirements of 49 CFR Part 243 . 5.1.2 Additionally, Contractor Personnel training and qualification shall meet or exceed all applicable industry standards. 5.2 Proof of Training & Qualification 5.2.1 Contractor Personnel shall at all times have proof of such training and qualifications and shall produce them as and when requested by the Manager-in-Charge. 5.2.2 CP reserves the right to inspect qualification certificates, licenses, training records and/or Work- history records for any Contractor Personnel, and, or to be provided with copies thereof, on reasonable request. In addition, CP reserves the right to perform eTests on contract or employees, and request discipline for non-conformance. 6 Safety Orientation 6.1 General Requirements 6.1.1 Prior to beginning Work, all Contractor Personnel shall participate in a CP authorized safety orientation, including on-site orientation presented by the Manager-in-Charge or designate. 6.1.2 Any time the scope of Work, location, condition or supervision changes, Contractor Personnel may be required to attend additional safety orientation sessions. 6.1.3 After successful completion of such safety orientation, Contracto rs must be able to produce company identification or an eRailsafe photo identification badge authorizing access to CP property unescorted for the purposes of conducting work. Managers have the ability to enter the tracking code into CM (Compliance management). Third parties who hire subcontractors must ensure required compliance while on CP property. The eRailsafe identification card shall be worn or be made visible at all times, or produced upon request and cannot be transferred under any circumstances. 7 Job Safety Briefing 7.1.1 Contractor Personnel shall attend all Job Safety Briefings as and when conducted. Contractor Personnel shall be solely and fully responsible for understanding the content of the Job Safety Briefing, and at a minimum shall: a) have an unders tanding of the scope of Work to be performed and an appreciation of the nature of the location, environment, and conditions where such Work is to be performed; b) be aware of specific or unusual hazardous condition, existing or potential and the control meas ures required to protect against, control, mitigate, or where possible, avoid said hazard; and c) have an emergency response plan/evacuation procedures. 8 7.1.2 Where Contractor Personnel are working directly with or in proximity (time or space) to CP Personnel, job safety briefings must include both CP Personnel and Contractor Personnel, and any other affected third parties. The job safety briefing shall identify nature and extent of the interaction between the Work being performed by Contractor Personnel, and those performed by CP Personnel or other third parties. Contractor Personnel shall inform CP Personnel, and any other third parties of known or potential unsafe conditions and hazards that may be created by, resulting from, or inherent in their Work and the corresponding preventative, mitigation, and/or control measures at all job briefings prior to commencing Work, or as soon as Contractor Personnel becomes aware of such conditions. 7.1.3 In all situations, all Contractor Personnel are expected to: a) continually identify hazards and assess risk of hazards and to continually and clearly communicate all hazards to the Manager-in-Charge and to all other parties that may be affected at job safety briefings, and at any other time as and when appropriate or necessary; b) take actions that are within their assigned responsibility to eliminate or control hazards and risks; and c) immediately notify their supervisor or the Manager-in-Charge of hazards that pose unacceptable risk that they are unable to eliminate or co ntrol. 7.1.4 Where Contractor Personnel are unable to eliminate or control a hazard, Contractor Personnel shall take interim measures to protect people, property, equipment and the environment until the hazard can be properly assessed and appropriate co rrective actions taken. 8 Applicable Legislation 8.1 General Requirements 8.1.1 Contractor and Contractor Personnel shall be solely responsible for identifying and complying with all Applicable Legislation. At a minimum, Contractor and Contractor Personnel shall comply with the federal legislations set out below which list is intende d solely for general guidance, and not as a comprehensive list of all Applicable Legislation. 8.1.2 Additionally, the Association of American Railroads (AAR) is an industry association which can provide support and guidance on matters related to rail road safety and the transportation of hazardous materials. 8.2 Transportation of Hazardous Materials 8.2.1 When Work involves the handling or transportation of hazardous materials (hazmat), that Work must comply with Hazardous Materials Transportation Act and regulations a dministered by the Pipeline and Hazardous Materials Safety Administration (PHMSA). 8.2.2 Contractors shall be solely responsible for ensuring that all Contractor Personnel who handles, offers for transport and/or transports hazmat by any transportation mode are trained and hold a valid training certificate or is working under the direct supervision of someone who is trained and holds a valid training certificate. That training must be based on the Work that the person is expected to perform and the hazmat that t he person is expected to handle, offer for transport or transport. 8.2.3 All U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration PHMSA) regulations are published in Chapter I of title 49 of the Code of Federal Regulations (49 CFR). 9 8.3 Railroad Work 8.3.1 When Work involves the construction, alteration, operation, inspection and maintenance of any part of the general railroad system of transportation, that Work must comply with the Federal Railroad Safety Act and regulations administ ered by the Federal Railroad Administration (FRA). 8.3.2 Contractors shall be solely responsible for ensuring that all Contractor Personnel who perform railroad Work are trained and qualified in accordance with those regulations and hold valid certificates when required. 8.3.3 All FRA regulations are published in Chapter II of title 49 of the Code of Federal Regulations (49 CFR). 8.4 Occupational Safety & Health 8.4.1 Any Work being performed that may create a risk to the health and safety of any person, including CP Personnel and Contractor Personnel, when not covered by FRA regulations shall be governed by U.S. Department of Labor regulations administered by Occupational Safety and Health Administration (OSHA). 8.4.2 All OSHA regulations are published in Chapter XVII of title 29 o f the Code of Federal Regulations 29 CFR). 8.5 Environmental Protection 8.5.1 Where Work is being performed that may impact the environment, that Work must comply with all applicable federal state, and local government legislation, regulations and standards. 8.5.2 Federal legislation is generally administered by the Environmental Protection Agency. A compilation of those laws and regulations can be accessed at http://www.epa.gov/lawsregs/ 9 Security Access to CP Property 9.1.1 All Contractor Personnel must have personal identification and/or eRrails afe credentials authorizing access and in their possession at all times while on CP Property, and present them for review to any Manager-in-Charge, other CP managers and employees, Police Officer, security guard, or regulatory officer upon request: a) photo identification (e.g. driver’s license); and b) proof of employment , document or card; and c) CP safety orientation certificate; or d) building access pass issued by CP or third party having control over CP premises; or e) CP security photo ID card or badge; or f) other proof of safety orientation and access authorization issued by CP. g) Valid eRailsafe card 9.1.2 Where any Work requires Contractor Personnel to ride in locomotive or other non-passenger railroad equipment , the Contractor must also possess a CP ACCESS PASS for riding non- passenger railroad equipment, signed by the responsible operating manager. Such a signed pass must be presented to the train crew or operator when boarding the equipment. Failure to possess such a pass will result in the equipment not moving, removal from the equipment, and/or the filing of trespasser charges. 10 9.2 Security Awareness 9.2.1 Contractor shall conduct employee background checks as is necessary to ensure that Contractor Personnel do not pose a security risk to CP, such security risk includes the risk of the commission of terrorist activities, sabotage, vandalism, theft, and violence. CP reserves the right, at all times, to require that Contractors undertake certain security training and/or performs background checks on Contractor Personnel, prior to allowing such Contractor Personnel to enter onto CP Property. 9.2.2 On request CP can make available a copy of CP’s Railway Securi ty Awareness Program for use by Contractor Personnel. 9.3 Firearms & Explosives 9.3.1 Firearms (loaded or empty) are not permitted on CP Property, except for Police officers and other designated government officials when authorized to do so. 9.3.2 No explosives will be permitted on CP Property without written approval by the Manager-in-Charge. 9.4 Reporting Contractor Personnel must report any security concern, security incident, criminal activity (known or suspected), suspicious happenings and/or suspicious persons on CP Property to the Manager-in-Charge or to CP Police Services in accordance with Section 18. 10 Personal Conduct 10.1 Drug and Alcohol Prohibition CP recognizes the problem of alcohol and substance abuse in today’s society. This problem poses particular concerns to an employer who is subject to governmental regulations and seeks to promote the safety of the general public. CP has a concern for the safety, health and well-being of its employees as well as an obligation to comply with the United States Department of Transportation (DOT) and Federal Railroad Administration (FRA) regulations. CP will comply with all statutes and regulations administered by the FRA in implementing the required 49 CFR §219 Drug and Alcohol Program. CP also expects employees of other railroads, visitors or contractors to comply with this regulation while on CP property, consistent with federal regulations. If subject to this regulation, Contractor shall be solely responsible for compliance with the 49 CFR Part 219. Contractor shall provide CP with proof of its compliance prior to performing services for CP and continued proof of compliance must be provided to CP immediat ely upon request. This proof of compliance will include, but will not be limited to, a copy of the 49 CFR §219 Drug and Alcohol Program Plan and FRA Approval Letter and Continued Certification of Compliance and Statistical Reporting. Periodic audits to ensure compliance with these regulations may be performed and cooperation and compliance is expected upon request. If subject to other DOT modalities and regulations, such as the Federal Motor Carriers Safety Administration FMCSA), compliance of that modality’s drug and alcohol program guidelines will be required and periodic audits to ensure compliance with these regulations may be performed and cooperation and compliance is expected upon request. 10.1.1 Entry onto CP Property when in possession of, or under the influence of alcohol, intoxicants, narcotics, or controlled substances is strictly prohibited. Controlled substances include all Schedule 1 drugs (such as marijuana and “medical marijuana”) and synthetic/designer drugs and/or any intoxicants or products labeled “not intended for human consumption”. 10.1.2 The sale, trade, and/or offer for sale alcohol or controlled substances are prohibited. 11 10.1.3 Additionally, Contractor Personnel shall be free of any condition which may in any way adversely affect alertness, c oncentration, responsiveness, or the ability react calmly and responsibly to safety hazards. 10.1.4 CP reserves the right to request drug and/or alcohol tests for Contractor Personnel as and where required or permitted by law. 10.2 Inappropriate Behavior 10.2.1 CP is committed to maintaining a work environment that supports the dignity of all individuals. No person working at CP may be subjected to any form of discrimination or harassment, including sexual harassment. 10.2.2 Acts or threats of violence are unacceptable at all times on CP Property. Uttering of threats or committing acts of violence will result in the removal of the responsible Contractor Personnel from CP Property, termination of the Contract, and/or criminal charges. 10.2.3 Horseplay, practical jokes, fighting or any other activity that may create a safety hazard is not permitted. 10.3 Electronic Entertainment and Communication Devices 10.3.1 The use of personal entertainment devices, including portable audio and video devic es such as compact DVD, CD, video game players, tablets, SMART watches and MP3 players, is prohibited: a) while Working on CP Property; b) while transporting CP Personnel, whether on and off CP Property; and c) while operating any CP highway vehicle, railroad equipment or mobile equipment, whether on and off CP Property. 10.3.2 The use of electronic communication devices, including cell phones, Smart Phones, Blackberries, walkie-talkies, PDAs, iPads, Tablets, GPS navigation units , portable computers , and similar devices, is prohibited: a) while operating any highway vehicle, unless it is stopped and parked in a safe location; b) while transporting CP Personnel, whether on and off CP Property; c) while operating or assisting in the operation of any railroad equipment or mobile equipment; d) while operating power tools, equipment or machinery; e) when Foul of Track for any reason; f) wherever use is prohibited by signage or by a CP manager; or g) whenever use of such a device creates an unsafe condition. 10.3.3 Notwithstanding the foregoing, company cell phones, radios, walkie -talkies, GPS units, iPads, tablets and other communication devices may be used solely for the conduct of business when authorized by the CP Manager-in-Charge and where not prohibited by state or municipal legislation. Any electronic communication device may be used when it i s necessary to communicate an emergency condition. 10.4 Smoking 10.4.1 Smoking, including the use of e-cigarettes is prohibited on all CP Property, and in or on all highway vehicles, Railroad Equipment, and Mobile Equipment, except for CP designated outdoor smoking areas. 12 11 Personal Protection 11.1 Work Clothing 11.1.1 The Contractor must ensure that Contractor Personnel wear clothing that meets applicable legislation and is suitable to perform the work safely. This includes at minimum ankle length pants and waist length shirts with a minimum quarter-length sleeves at all times. Clothing must not interfere with vision, hearing or use of hands and feet. 11.2 Personal Protective Equipment (PPE) 11.2.1 The Contractor shall ensure that Contractor Personnel wear personal protective equipment required by applicable legislation, regulations, codes and industry standards as necessary to protect against personal injuries while on railroad property. All personal protective equipment shall meet applicable legislation and American National Standards Institute (ANSI) standards and shall be in good condition and be properly fitted. 11.2.2 The following mandatory personal protective equipment (“PPE”) shall be supplied by the Contractor at its own expense, and shall be worn at all times by Contractor Personnel while on CP Property: a) safety hard hat, meeting ANSI 89.1 standards, except in office buildings or in enclosed vehicles or equipment; b) safety footwear with protective toe caps and puncture resistant soles, meeting ASTM F2413 standards. c) safety glasses with permanently attached side shields meeting ANSI Z87.1 standards in office buildings or enclosed highway vehicles . Note- transition lenses are not permitted; d) high visibility fluorescent outerwear with retro reflective striping meeting ANSI 107 Class 2 standards not covered by other clothing or equipment, except where necessary for safety reasons such as where fall protection or pole climbing equipment is being used; and e) any other PPE as required by applicable legislation or referenced standard, or as otherwise required to protect Contractor Personnel from injuries. Type of Protection Additional Recommendations Hard Hats Have hi-visibility characteristics which are not obscured by markings or decals Safety Eyewear Tinted safety eyewear must meet military standards for red signal recognition if operating railroad equipment (safety eyewear meeting this requirement is available from ORR Safety; ask for CP approved tinted safety eyewear) Transition lenses are discouraged and should be worn with caution when working in changing light conditions Personal sunglasses are discouraged and must not be worn when operating Railway Equipment Wear mesh face shields over top safety glasses when using any striking tool while performing on track maintenance work (e.g. spiking, snapping on/off anchors, etc.). If working alongside CP employees you will be required to comply with this practice. Safety Footwear Have defined heels Be laced and tied securely for ankle support When snow and ice conditions are present wear anti-slip winter footwear High-Visibility Apparel Lime-green is recommended when working on, or near tracks, or when performing Co -mingled Work 13 11.2.3 Contractor and Contractor Personnel shall be solely and fully responsible for assessing the risks related to the work and determining whether additional PPE may be required such as: a) Nomex or Proban fire-retardant protective gear when performing certain Transportation of Dangerous Goods (TDG) work and/or handling certain Hazardous Materials , or performing specialized work. b) hearing protection when working in any area where noise exposure levels: i) are consistently equal to or greater 85 dBA; ii) exceed 115 dBA at any time; and iii) any other work areas where posted, or so notified by CP management. c) respiratory protection where Contractor Personnel may be exposed to occupational dusts/particulates, fumes, mists, gases and vapors, in which case, in which case Contractors must have a written Respiratory Protection Program that meets or exceeds applicable legislation; d) additional eye and face protection meeting ANSI standard Z87.1 (i.e. face shields, impact/splash goggles, welding/cutting goggles and welding helmets); and e) fall protection systems and equipment meeting appropriate ANSI Z359 standards as required by applicable legislation and as appropriate for the related fall hazards. f) fall protection when working on an unguarded surface over water, where the water is deeper than 4 feet, or where there is a hazard of drowning due to terrain, winter conditions, water velocity or current; contractors must use a fall protection system or a personal floatation device (PFD) meeting approved standards. 12 Railroad Track Protection 12.1 Contractor’s Responsibiliti es for the Protection of Railroad Traffic and Property 12.1.1 Where the Work Site is in close proximity to, or is loc ated on, above, or below railroad tracks, special attention, care and precautions shall be taken to ensure the safety of all Contractor Personnel, CP Personnel, all other third parties and to p rotect CP’s property and railroad operations. 12.1.2 Contractor shall ensure that Contractor Personnel is made aware of all unique and inherent hazards in working near, on, above or below railroad tracks and shall ensure that all Contractor Personnel are fully trained and equipped to work safely. 12.1.3 Contractors who perform inspection, maintenance or repair to railroad tracks or track structures must be trained in accordance with FRA On Track Safety Rules (FRA 49 CFR Part 214, Subpart C Roadway Worker Protection Regulations). 12.1.4 Contractors will not be allowed to foul a track unless: a) They have been properly advis ed of the On Track Safety awareness procedures; b) A railroad employee who is qualified to provide protection is present at the work site, or. c) The Contractor has personnel present who are specifically trained, qualified and authorized to provide that protecti on. 12.1.5 All work shall be organized or executed in such a manner as to ensure no interference with the regularity and safety of railroad operations. No step or sequence of any Work that might directly 14 or indirectly affect the safe movement of railroad traffic shall be started without the approval of the Manager-in-Charge. 12.1.6 No temporary structure, materials, or equipment shall be permitted closer than 12 feet to the nearest rail of any track without prior approval in writing of the Manager-in-Charge. Contractor Personnel shall at all times remain alert to the movement of trains, rolling stock and other railroad equipment. 12.1.7 Contractor Personnel shall be especially alert in yards and terminal areas as a) Railroad equipment that appears to be stationary may be moving; b) the rate of movement of railroad equipment may be faster than it appears; c) Railroad equipment change tracks often; and movements may be occurring simultaneously on adjacent tracks. 12.1.8 The Contractor shall, at all times, conduct its operations in a wholly respo nsible manner to avoid damage to the CP’s tracks or property. 12.2 50 feet Clearance Requirement 12.2.1 All work shall be performed as far away from railroad tracks as possible. 12.2.2 Unless authorized by CP, Contractor Personnel, equipment, and vehicles are not permitted to be within 50 feet of the closest track centerline. 12.2.3 In the event work must be carried out within 50 feet of the closest track written authorization must be obtained from the Manager-in-Charge, and Contractor Personnel must still remain at the maximum practicable distance from all railroad tracks at all times. 12.2.4 When crossing tracks, Contractor Personnel shall ensure a minimum of 50 feet separation between standing railroad equipment, stay at least 15 feet away from the end of the nearest equipment, and look both ways before crossing tracks, and if clear, walk at a right angle to the tracks. 12.2.5 No work activities or processes are allowed within 50 feet of the track while t rains are passing through the work site unless specifically authorized. 12.3 Flagging Protection 12.3.1 When the Work requires Contractor Personnel to be within 50 feet of any railroad tracks, Contractor or Contractor Personnel shall notify and obtain the written ap proval of the Manager-in-Charge in advance of the intended start date, and when approved, shall only perform Work strictly in accordance with all terms and conditions of that approval. 12.3.2 Unless otherwise indicated by the Manager-in-Charge, proper protection against the movement of trains, rolling stock and other railroad equipment shall be deemed required at all times whenever Work or Contractor Personnel must be within 50 feet of the closet track. Protection may be provided only by a qualified CP employ ee through use of a flag person. 12.3.3 Where CP determines that flagging is required, then Work must be strictly conducted under the direction of a CP flag person or such other person designated by the Manager-in-Charge. 12.3.4 Contractor Personnel shall ensure that there is clear communication at all times between Contractor Personnel and any CP flag person. Contractor Personnel shall ensure that they are aware of: a) flagging distance limits; b) time limits; and c) any adjacent tracks where movement of railroad equipment may still occur. 15 12.3.5 Contractor Personnel shall not assume that a train movement is being stopped or cleared unless clear communication is received directly from the CP flag person. 12.3.6 A job briefing between the CP flag person and all Contractor Personnel must occur b efore beginning any Work on or Foul of Track. 12.3.7 Blue signal protection is used to indicate that CP or Contractor Personnel are working on, under or between railroad equipment and movement of trains or other railroad equipment is prohibited. Blue signals must not be tampered with or obstructed. Blue signals can only be removed by the person or group of persons who originally applied it. Application, use, and removal of blue signals , when appropriate, may only be done under the authorization and guidance of t he Manager-in-Charge. 12.3.8 Red flag protection is used to indicate that CP or Contractor Personnel are working on or foul of track, or the track is out of service and movement of trains or other railroad equipment is prohibited. Red flags must not be tampered with or obstructed. Application, use, and removal of red flags, when appropriate, may only be done under the authorization and guidance of the Manager-in- Charge. 12.4 Working on or near Tracks 12.4.1 When authorized to perform Work foul of track or otherwise be near railroad tracks, Contractor Personnel shall ensure all Contractor Personnel, equipment, and vehicles are kept as far away from railroad tracks as practicable, and shall at all times: a) be alert to train movements and shall expect the movement of trains, engines, cars, or other mobile railroad equipment at any time, on any track, and in any direction, even if they appear to be stationary or in storage; b) not rely on others to protect them from train movement; c) stay at least 15 feet away from the ends of railroad equipment when crossing the track; d) ensure a minimum of 50 feet separation prior to crossing between Railroad Equipment; e) look both ways before crossing tracks, and if clear, walk at a right angle to them. f) never climb on, under or between railroad equipment ; g) be aware of the location of structures or obstructions where track clearances are close; h) not stand on the track in front of an approaching engine, car or other equipment; i) stand at least 20 feet from the track (s) when there is a passing movement of trains, engines, cars, or other mobile railroad equipment , to prevent injury from flying debris or loose rigging and shall observe the train as it passes and be prepared to take evasive ac tion in the event of an emergency; j) not stand on or between adjacent tracks in multiple track territory when a train is passing; k) not walk, stand or sit on the rails, between rails or on the end of ties, unless absolutely necessary. As the rail surface can be extremely slippery, personnel must step over the rails when crossing tracks. Personnel shall also be aware rail road ties can also be slippery and that railroad ballast can shift while walking on top of it. Situational awareness and use of proper footwear is important; l) not remain in a vehicle that is within 50 feet of a passing train unless specifically authorized, or where this is not possible. m) keep away from track switches as remotely operated switch points can move unexpectedly with enough force to crush ballast rock. Personnel shall stay away from any other railroad devices they are unsure of. Personnel shall not disturb or foul the ballast at any time. 16 n) Third party work that has a potential to impact rail traffic must take into account machine swing radius, vertical grade differences, overhead work, etc to ensure it will not impact a passing train; work and equipment must maintain a distance of 50 feet of a passing train. o) When exiting on track machinery as trains are passing; exit on the opposite s ide. a) use 3-point contact when getting on/off any vehicle, equipment or track unit; b) face the vehicle or equipment/track unit when getting on/off c) place handheld items onto equipment/track unit or seek help prior to getting on/off d) get on/off on the operators side when possible 12.5 Equipment on or near tracks 12.5.1 Contractor Personnel shall not be Foul of Track with any piece of equipment without a CP flag person or other authorized track protection; 12.5.2 Contractor Personnel shall not move equipment across the tracks except at established road crossings, or unless under the protection and authorization of a CP flag person and only if the Work Site has been properly prepared for such a move. Tracked equipment will require a CP flag person any time railroad tracks are crossed. 12.5.3 Contractor Personnel shall not move equipment across railroad bridges or through tunnels, except as expressly authorized and only under such conditions as stipulated by the Manager-in-Charge. 12.5.4 When there is passing rail traffic, Contractor Personnel shall move equipment away from the tracks at least 50 feet, or where not possible, park the equipment as far away from the tracks as possible, exit to the side away from the track where the movement is taking place, and walk to a safe a distance. 12.5.5 When there is passing rail traffic, buckets, shovels, and loads on cranes must be lowered to the ground to rest, and cranes without a load must have their load line tightened or retracted to prevent movement. 12.6 Rail road Signs, Signals, Flags and other Communication Infrastructure 12.6.1 Signs, signals and flags shall not be obstructed, removed, relocated, disabled or altered in any way without proper authorization and qualification. 12.6.2 Only qualified Contractor Personnel who are authorized by CP are permitte d to operate switches, derails, electric track mechanisms, signal and communication systems or other track control appliances. 12.6.3 Railroad pole lines carry electric power and should be treated as any other power lines. 12.6.4 The Contractor shall keep all Contract or Personnel informed of current weather conditions. Personnel shall stay alert for possible high water conditions, or flash floods. During severe weather conditions: a) Personnel shall be prepared to take cover in the event of a tornado b) Personnel shall not work while lightning is occurring c) If storm conditions arise unexpectedly, Contractor Personnel shall ensure that equipment is in the clear of the tracks and secured before seeking cover. Contractor Personnel shall stay away from railroad tracks when visib ility is poor, such as during fog or blizzard conditions. Any Contractor personnel discovering a hazardous or potentially unsafe condition , which may affect the safe passage of railroad traffic, mus t advise CP Police immediately by calling the CP Police Communications Centre – 1-800-716-9132 17 12.7 Excavation 12.7.1 Before starting excavation operations, the Contractor shall ascertain that there are no underground wires, fiber optic cables, pipelines or other utilities which could be damaged or, if present, that such installations are properly protected. Fiber optic cables are present on most segments of the right- of-way. Prior to commencing any excavation, the Contractor shall contact the proper authority CP and/or public utility to obtain the necessary permit and to locate and protect such cables or other underground utilities. 12.7.2 Excavations shall not be left unattended unless they are properly protected; and the Manager-in- Charge shall be notified. 12.7.3 Contractors MUST obtain and maintain utility locates in accordance wit h applicable law. 13 HAZCOM 13.1 General Requirements 13.1.1 If at any time Contractor’s Work involves the use, handling, storage, or disposal of Hazardous Materials (“Handling of Hazardous Materials”), Contractor Personnel must inform the Manager-in- Charge. 13.1.2 Contractors shall ensure that all Contractor Personnel are fully trained in the Handling of Hazardous Materials and that Contractor and Contractor Personnel are in full compliance with all Applicable Legislation, and as directed by the Manager-in-Charge. 13.1.3 Contractor Personnel shall have appropriate processes, systems and controls in place to prevent or otherwise mitigate potential environmental, health and safety risks associated with the Handling of Hazardous Materials. 13.2 Access to Safety Data Sheets (SDS) 13.2.1 Prior to beginning any Work that may expose CP Personnel to Hazardous Materials, Contractor or Contractor Personnel shall: a) provide a copy of the respective SDS to the Manager-in-Charge; and b) keep a copy of the SDS at the work site and ensure that it is readily available at all times. 13.3 Hazardous Material Incident or Spill 13.3.1 In the event of a hazardous material incident or spill, the Contractor must: a) ensure that no Contractor or CP Personnel have or will be exposed; b) take all reasonable actions to contain the spi ll; c) respond in accordance with its emergency response plan; and d) notify CP immediately in accordance with Section 18 below. 18 14 Operation of Highway Vehicles 14.1 Highway Vehicles 14.1.1 The following requirements apply to all highway vehicles, when operated on CP Property; or used to transport CP Personnel. 14.2 Regulations and Inspection 14.2.1 Before using a highway vehicle, Contractor Personnel shall: a) complete a pre-trip inspection; b) maintain an inspection log; c) ensure periodic inspections are completed at official testing locations as required; d) ensure the vehicle is maintained and in safe operating conditions at all times; and e) ensure the vehicle is in compliance with applicable motor vehicle regu lations and license requirements. 14.2.2 Vehicle maintenance, inspection records and logs must be made available to the Manager-in- Charge on request. 14.3 Vehicle Operator Requirements 14.3.1 Operation of highway vehicles is restricted to those Contractor Personnel who are licensed, qualified and authorized to do so. Such Contractor Personnel shall be responsible for the safety of all passengers at all times. For greater certainty, such Contractor Personnel shall: a) hold a valid license for the class of vehicle being operat ed, in accordance with applicable local, state and federal requirements, and b) strictly comply with all posted traffic signs, signals, and all shall obey all applicable legislation; and c) maintain the required driver log, and make the log available to the Manager-in-Charge on request, and d) comply with the requirements on the use of electronic devices as set out in Section 10 above. 14.4 Driving on CP Property 14.4.1 In addition to the requirements set out above, while on CP Property, Contractor Personnel shall: a) travel only on designated roadways unless otherwise instructed; b) keep daytime running lights on (if so equipped); c) not exceed 15 mph unless otherwise posted; d) come to a full stop at all blind corners, rail and roadway crossings; e) yield the right of way to all Mobile Equipment and other non-highway equipment or service vehicles; f) not operate vehicles (or any internal combustion equipment) inside buildings or enclosed structures unless adequate ventilation is provided; g) not park Foul of Track unless on-track protection is provided; h) not leave vehicles running unnecessarily; 19 i) park only in pre-determined or designated areas; j) always use the parking brake (or wheel chocks) when leaving an unoccupied vehicle running; and k) prior to operation of a vehicle the driver must conduct a walk around of the vehicle to identify any obstacles, clearance restrictions, or adjacent vehicles that may interfere with executing a safe movement. l) where safe and practicable, pull vehicles through or back into marked parking spaces to avoid reverse coll isions when exiting. m) If a passenger is present, he exit the vehicle prior to a reverse movement to provide guidance and direction to the driver during the reverse movement and applies to commercial vehicles and vehicles with restricted rear views 14.4.2 All Contractor Personnel who will be operating a highway vehicle or Mobile Equipment in any CP intermodal facilities must complete a Driver Safety Orientation program prior to first entry, and from time to time thereafter as directed by the Manager-in-Charge. 14.5 Seat Belts 14.5.1 Seat belts must always be worn while operating or riding in any equipped vehicle unless Contractor personnel is actively engaged in inspections requiring said Contractor Personnel to be free of such restraint, and then only when the vehicle is operating at less than 15 mph. 14.6 Loads 14.6.1 Contractor Personnel shall ensure vehicles are loaded according to weight a nd dimensional requirements as authorized by state regulations and permits, and properly load and secure tools, material, equipment and freight to avoid shifting, falling, leaking or otherwise escaping from vehicles during operation. 14.7 Riding in CP Vehicles 14.7.1 Contractor Personnel are prohibited from operating or riding in any CP vehicles unless authorized to do so, or in case of emergency. 15 Tools, Equipment and Machinery 15.1 General Safety Requirements Respecting All Tools, Equipment and Machinery 15.1.1 Contractor Personnel shall ensure that all tools, equipment, and machinery used be: a) in compliance with all Applicable Legislation; b) in good working order, properly serviced and maintained; c) safe for their proposed use and used only for purposes specified by the manufac turer; d) operated and maintained only by persons properly trained and qualified for that duty; e) seat belts (if present on equipment) must be worn while operating or riding any such equipped mobile equipment; f) if mobile, equipped with appropriate safety devices (e.g. lights, horns, back -up alarms, safety beacons); and prevented from moving, through use of the hand brake, wheel blocking, wheel chocking and/or a derail , where applicable. 15.1.2 The Contractor shall provide adequate lighting when performing work between sunset and sunrise. 20 15.1.3 Use of CP tools, equipment and machinery by Contractor Personnel is prohibited unless specifically authorized by local CP management. 15.2 Hazardous Energy Control - Lockout 15.2.1 Contractor Personnel shall employ lockout/tagout procedures as required to eliminate the accidental or unexpected start -up, energizing, or release of stored (residual) energy during maintenance, repair and/or servicing activities. 15.2.2 All tools, equipment and machinery must be made safe and isolated from all energy so urces rendering the machine, equipment, or process inoperative prior to performing maintenance, repair or servicing related tasks. 15.2.3 No Contractor Personnel can remove any CP applied lock or tag, including bad -order tag. 15.2.4 Notwithstanding the foregoing, if Contractor’s Work may create an energy hazard to any CP Personnel, then all affected parties must follow the requirements set forth in CP’s Lockout – Hazardous Energy Control Policy and Code of Practice. 15.2.5 If CP Personnel and Contractors are jointly performi ng maintenance, repair or servicing activities on the same machine, equipment or using the same energy source, then a multi -lock hasp must be applied with individual locks and tags affixed (as per CP’s Lockout – Hazardous Energy Control Policy and Code of Practice). 15.3 Electrical Safety Requirements 15.3.1 In addition to the hazardous energy control lockout requirements above, all electrical Work must comply with Applicable Legislation, National Electrical Code (NEC), and National Fire Protection Association (NFPA) requirements. 15.3.2 Contractor Personnel Working on electrical systems must: a) if in proximity to CP Personnel, inform them of: i) existing or potential electrical hazards; ii) any specific additional personal protective equipment that may be required; iii) applicable safe work practices ; iv) applicable emergency and evacuation procedures; and v) apply lock out procedures as per section above on Hazardous Energy Control- Lockout b) have practices, procedures and training that comply with: i) Applicable sections of the NEC and NFPA electrical safety standards; ii) Any other Applicable Legislation; and c) not operate or allow cranes or other mobile equipment to approach closer to any live electrical power line than is permitted by OSHA regulations (29 CFR 1910.333). 15.4 Lifting Devices 15.4.1 All lifting devices, including but not limited to jacks, cranes, cables, slings, chains and hooks shall: a) meet Applicable Legislation governing design, inspection, maintenance and operation; b) be safety certified and labeled or tagged with load capacity limits where required; 21 c) have sufficient capacity for the planned lift; d) have sufficient footing or support area to properly distribute the load during a lift. 15.5 Welding and Torch Cutting 15.5.1 When welding or torch cutting, Contractor Personnel shall: a) be properly trained and qualified; b) ensure that all closed containers have been properly purged; c) direct flame or sparks away from other Workers, equipment and flammable material; d) have a fire extinguisher readily available; e) keep compressed gas and oxygen cylinders stored in a secure, vert ical position, with regulators removed and caps applied, labeled properly and located in vented cabinets or other designated locations. 15.6 Explosive Actuated Tools 15.6.1 Only Contractor Personnel who are qualified and licensed in accordance with Applicable Legislation, and authorized by CP, may use explosives or explosive actuated tools. 15.7 Unattended Equipment or Machinery 15.7.1 Tools, Equipment and Machinery shall not be left unattended at any time and shall not be stored on CP Property, unless expressly permitted pursuan t to a written agreement with CP or by the Manager-in-Charge in writing, and where so permitted, Contractor shall ensure that: a) storage shall be restricted to the designated area, or as otherwise specified by CP. b) all such tools, equipment and machinery shall be secured in a safe position well clear of all tracks to prevent accidental contact with trains and moving equipment and to not restrict train crew sightlines; c) as much as possible, tools, equipment and machinery shall be stored in locations out of public view. d) Machines must be secured in accordance with on-track machinery rules. 16 Emergency Response 16.1 Emergency Response Plan 16.1.1 The Contractor must maintain a current emergency response plan and make it available to CP on request. Emergency response plans must include at a minimum: a) contractor reporting procedures in the event of an incident or spill; b) emergency response contacts and phone numbers, including phone numbers for CP incident reporting and local CP managers (See Attachment A); and c) containment measures to be taken in the event of an incident or spill. 22 16.2 Initial Response 16.2.1 Initial response to any emergency condition must follow the following sequence: a) Protect the safety and security of all individuals and communities b) Provide environmental protection and mitigation c) Conduct incident investigation and evidence preservation d) Restore railroad operations 16.3 First Aid 16.3.1 Contractor Personnel must have sufficient First Aid qualified personnel and the required First Aid kit and any other required First Aid equipment at the Work Site, suitable for the crew size, nature of Work being performed and location, all of which shall, at a minimum, comply with OSHA regulations (29 CFR 1910.266). 16.4 Fire Protection 16.4.1 The Contractor must have appropriate fire extinguishers suitable (i.e., type, size and quantity) for nature of the work being done, in compliance with applicable legislation, and be readily available at all times on: a) the work s ite; and b) all Contractor equipment, machinery and highway vehicles. 16.4.2 Contractor Personnel shall ensure that all necessary precautions are taken to prevent fires, including the following: a) storing flammable material (e.g., paper, rubbish, sawdust, oily or greasy rags, etc.) in proper containers; b) storing and transporting fuel, gasoline or other flammable liquids in approved containers. Use of unapproved containers is prohibited; c) proper disposal of flammable material daily; d) preventing static electricity when dispensing or transferring flammable liquids by usi ng proper grounding and bonding techniques; e) avoid using cutting or welding torches during the last one-half hour of shifts, if possible; f) taking special precautions with fusees, including: i) store and transport in approved containers; ii) do not allow fusees to c ome in contact with any combust ible material, including railroad ties or wooden timbers; and iii) fully extinguish fusees before leaving the location where used; g) promptly advise CP management of any fire on CP Property; and h) fully extinguish or provide protecti on for any fire prior to leaving the Work Site. 16.4.3 Contractors Working on the CP right -of-way where a high risk of fire exists (e.g., during rail grinding, rail welding) must have: 23 a) appropriate fire prevention and suppression plans (including emergency numbers for CP, local firefighters and fire control districts); and b) additional firefighting equipment and trained Contractor Personnel on site, as required by Applicable Legislation or the Manage In Charge. 17 Confined Space 17.1 Confined Space 17.1.1 Qualified and authorized Contractor Personnel must follow all required confined space entry procedures in accordance with applicable legislation and standards prior to entering into a confined space. 17.1.2 Rescue procedures and equipment must readily available when required to enter a confined space. 18 Reportable Accidents, Incidents and Injuries 18.1 Reportable Injuries 18.1.1 Reportable injuries include any personal injury to: a) Contractor Personnel; b) any CP Personnel; or c) to any third party on CP Property. 18.2 Reportable Accidents 18.2.1 Reportable accidents include any occurrence that results in: a) damage to railroad tracks, right of way, buildings or other CP Property; b) damage to railroad equipment; c) damage to CP highway vehicles; d) release of hazardous material; e) spill or loss of transported commodities; and f) any threat to the environment. 18.3 Reportable Incidents 18.3.1 Reportable incidents include: a) unintended movement of railroad equipment ; b) failure to provide track protection for Workers when required; c) movement of railroad equipment beyond authorized limits; d) operation of railroad equipment by an unqualified person; e) unauthorized handling of a track switch; f) damage, vandalism or tampering with any rail road signals, structures or railroad safety device; 24 g) seepage, leakage, spills of, or other contamination from, Hazardous Materials; h) actual, threaten or suspected security related incidents; i) slides, washouts or other on-track obstructions; or j) any occurrence that may disrupt the movement of trains or affect safe rail operations. 19 Reporting 19.1 Emergency Reporting 19.1.1 In the case of an emergency, Contractor Personnel must call: a) 911, where this emergency response system exists, or b) the local police, fire or emergency department in all cases; and c) CP Police Services Communication Center- 1-800-716-9132. 19.2 Accident, Incident, Injury Reporting 19.2.1 When an accident, incident or injury occurs on CP Property, the Contractor must: a) immediately report it to the i) CP Police Services Communication Center 1-800-716-9132; and ii) CP Manager-in-Charge b) follow all instructions given to protect the scene. 19.2.2 CP is obligated to report Contractor Personnel injuries occurring on CP property to the Federal Railroad Administration (FRA). Any state or required regulatory reporting remains the Contractor’s responsibility. 19.3 Information to Report 19.3.1 Information required with the initial report includes: a) type of incident; b) date and time of occurrence; c) location (mileage, subdivision, building, yard or other physi cal description); d) identity of person(s) involved or injured (company & name); e) description of any hazardous materials involved; f) type & unit number of any railroad equipment or vehicle involved; g) description of occurrence, damage and/or injury, and cause if known; h) description of any emergency response; i) name and contact information of person making the report; and j) any such other information that CP may require. 19.4 Environmental Incidents and Spills 19.4.1 In the event of an environmental incident or spill that could ha ve a negative impact on the environment, the Contractor must immediately: a) report the incident to the Operations Center, the Manager-in-Charge, and the designated CP Contact as per the governing agreement relating to the Work; b) take all reasonable actions to contain the spill; c) respond in accordance with its emergency response plan; and 25 d) provide CP with the following information; i) description of location and surrounding area, including any sensitive environmental areas nearby (e.g., rivers, parks, sewers); ii) type and quantity of substance released; iii) cause of spill or deposit, if known; and iv) details of any immediate action taken or action proposed to be taken to contain spill and recover substance. 19.5 Additional Contractor Requirements 19.5.1 Contractor and Contractor Personnel must: a) ensure an appropriate emergency response is initiated; b) protect any evidence until released by the CP Manager-in-Charge; c) cooperate fully with any CP investigation; d) cooperate fully with any investigating government agency; and e) notify CP if information is requested by any investigating government agency. 20 Contractor & Contractor Personnel Acknowledgement 20.1 Acknowledgement 20.1.1 Contractor and Contractor Personnel who Work on CP Property shall be deemed to have read and unders tood the content of these Minimum Safety Requirements for Contractors While Working on CP Property in the United States , as amended from time to time, and to agree to be bound by them. 20.1.2 These Minimum Safety Requirements for Contractors While Working on CP P roperty in the United States are subject to change without prior notice. The most current version of these Minimum Safety Requirements can be viewed at www.cpr.ca or by contacting the Manager-in-Charge. Home SafeTM is a commitment to be vigilant about personal safety and the safety of co-workers. 26 NOTES: 27 21 Attachment A – Emergency Information Sheet EMERGENCY CONTACT INFORMATION EMERGENCY CONTACTS PHONE LOCATION CP Minneapolis Operations Center 1-800-766-4357 . CP Police Services 1-800-716-9132 CP Railroad Traffic Controller Radio Channel Manager-in-Charge Local Police Services Local Fire Services: Local EMS Hospital Physician Aircraft Service, (if applicable): Watercraft Service, (if applicable): Other Emergency Services Emergency Evacuation Route Describe nearest evacuation assembly location OR Provide sketch on back) 28 WORK SITE INFORMATION PHONE LOCATION Work Site Location Name Railroad Subdivision & Mileage Address, Number and Street Nearest Town CP Manager -in -Charge Emergency Site Access Route Describe route from nearest emergency services location in detail including access roads & physical landmarks OR provide sketch on back.) Contractor Supervisor Site Telephone Certified First Aid Attendant Location of First Aid Supplies at Site Location of Fire Extinguishing Equipment: Location of WHIMS data sheets UTILITY INFORMATION UTILITIES CONTACT PHONE LOCATION Natural Gas: ( ) Electrical: ( ) Fiber Optic Line: ( ) Water & Sewer: ( ) Telephone: ( ) Cable System: ( ) Qualified employee(s) in: ( ) Confined Space Entry, (if applicable): ( ) Equipment requirements for Confined Space Entry, (if applicable): Other: Executive Summary For Action Golden Valley City Council Meeting August 7, 2019 Agenda Item 3. F. Receipt of June 2019 Financial Reports Prepared By Sue Virnig, Finance Director Summary The monthly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing (Enterprise Fund) Storm Utility Fund (Enterprise Fund) Equipment Replacement Fund (Capital Projects Fund) Brookview Center (Special Revenue Fund) Human Services Commission (Special Revenue Fund) Building Improvement Fund (Capital Projects Fund) Park Improvement Fund (Capital Projects Fund) General Fund Operations: As of June 2019, the City has used $8,736,650 of fund balance to balance the General Fund Budget. Attachments June 2019 General Fund (2 pages) June 2019 Conservation/Recycling Fund (1 page) June 2019 Water and Sewer Utility Fund (1 page) June 2019 Brookview Golf Course (1 page) June 2019 Motor Vehicle Licensing (1 page) June 2019 Storm Utility Fund (1 page) June 2019 Equipment Replacement Fund (1 page) June 2019 Brookview Center Fund (1 page) June 2019 Human Services Commission (1 page) June 2019 Building Improvement Fund (1 page) June 2019 Park Improvement Fund (1 page) Recommended Action Motion to receive and file the June 2019 Financial Reports. Over % 2019 June YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $384,145 27,540 180,118 ($204,027)46.89% 003 City Manager 921,015 66,258 351,346 (569,669)38.15% 004 Transfers Out 2,207,580 1,325,000 2,207,580 0 100.00%(1) 005 Admin. Services 2,076,945 117,792 876,462 (1,200,483)42.20%(3) 006 Legal 183,340 13,670 85,850 (97,490)46.83% 007 Risk Management 310,000 0 157,424 (152,576)50.78%(4) 011 General Gov't. Bldgs.728,980 52,309 352,915 (376,065)48.41% 016 Planning 421,025 23,966 160,564 (260,461)38.14%(3) 018 Inspections 917,925 50,381 438,388 (479,537)47.76% 022 Police 6,545,850 475,197 2,838,352 (3,707,498)43.36% 023 Fire 1,579,315 126,523 705,566 (873,749)44.68%(2) 035 Physical Dev Admin 316,110 23,787 146,439 (169,671)46.33% 036 Engineering 774,905 47,206 314,416 (460,489)40.57% 037 Streets 1,849,530 124,858 801,699 (1,047,831)43.35%(2) 066 Park & Rec. Admin.815,695 60,145 377,120 (438,575)46.23% 067 Park Maintenance 1,312,805 104,900 569,429 (743,376)43.37%(2) 068 Recreation Programs 404,850 25,539 117,148 (287,702)28.94% TOTAL Expenditures $21,750,015 $2,665,071 $10,680,816 ($11,069,199)49.11% 1) Transfers will be made in June, 2019 2) 2019 Budget Adjustment-$13,440-Fire $5,440; Street-$4,000; Park-$4,000 3-19-19 3) 2018 Positive Performance Amended -$35,000 Planning- Downtown Study Scope; IT-$10,000 Scanning 4) Dividend will be sent in December. City of Golden Valley Monthly Budget Report - General Fund Expenditures June, 2019 (unaudited) Division 50.00% Over % 2019 June YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $18,450,845 0 8,541 ($18,442,304)0.05%(1) Licenses 212,030 24,455 213,480 $1,450 100.68% Permits 887,960 142,406 662,213 ($225,747)74.58% State Aid 15,190 0 19,629 $4,439 129.22%(2) Charges For Services: General Government 25,250 256 6,022 ($19,228)23.85% Public Safety 163,500 62,143 152,072 ($11,428)93.01% Public Works 167,300 25,654 110,640 ($56,660)66.13% Park & Rec 416,500 23,423 151,349 ($265,151)36.34% Other Funds 691,500 103,949 385,696 ($305,804)55.78% Fines & Forfeitures 340,000 22,353 116,873 ($223,127)34.37%(3) Interest On Investments 100,000 0 0 ($100,000)0.00%(4) Miscellaneous Revenue 191,500 15,731 102,651 ($88,849)53.60% Transfers In 30,000 2,500 15,000 ($15,000)50.00%(5) TOTAL Revenue $21,691,575 $422,870 $1,944,166 ($19,747,409)8.96% Notes: 1) Payments are received in July, December, and January (delinquencies). 2) Police Training will be paid in August. Safe and Sober is billed on time spent. No LGA in 2019. 3) Fines/Forfeitures are thru for May 2019. 4) Investment income is allocated at year end. 5)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Monthly Budget Report - General Fund Revenues June 2019 (unaudited) Over 2019 June YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 41,545 0 0 (41,545)0.00%(4) Recycling Charges 409,105 31,818 168,709 (240,396)41.24%(2) Miscellaneous Revenues 8,000 0 0 (8,000) Interest on Investments 4,000 0 0 (4,000)0.00%(1) Total Revenue 462,650 31,818 168,709 (293,941)36.47% Expenses: Recycling 501,695 27,319 225,349 (276,346)44.92%(3) Total Expenses 501,695 27,319 225,349 (276,346)44.92% 1) Interest Earnings are allocated at year-end. 2) Includes utility billings thru June 2019. 3) This includes the recycling services thru May 2019. 4) Grant reduced due to no compost program. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Conservation/Recycling Enterprise Fund June 2019 (unaudited) Over 2019 June YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 5,081,725 407,710 1,876,694 (3,205,031)36.93% Emergency Water Supply 183,080 17,552 81,071 (102,009)44.28% Sewer Charges 3,910,000 336,960 1,881,504 (2,028,496)48.12% Meter Sales 20,000 5,155 8,884 (11,116)44.42% Penalties 130,000 859 76,114 (53,886)58.55% Charges for Other Services 100,000 6,966 60,902 (39,098)60.90% State Water Testing Fee Pass Through 46,000 3,439 23,232 (22,768)50.50% Sale of Assets 10,000 0 0 (10,000)0.00% Franchise Fees 1,500,000 0 0 (1,500,000)0.00% Certificate of Compliance 75,000 7,950 28,500 (46,500)38.00% Interest Earnings 25,000 0 0 (25,000)0.00% Total Revenue 11,080,805 786,591 4,036,901 (7,043,904)36.43% Expenses: Utility Administration 3,260,675 226,187 675,097 (2,585,578)20.70%(1) Sewer Maintenance 3,340,720 276,566 1,811,728 (1,528,992)54.23% Water Maintenance 4,799,400 304,474 1,913,189 (2,886,211)39.86% Total Expenses 11,400,795 807,227 4,400,014 (7,000,781)38.59% 1) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Water and Sewer Utility Enterprise Fund June 2019 (unaudited) Over 2019 June YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 900,000 157,031 345,015 (554,985)38.34% Driving Range Fees 170,000 33,263 82,759 (87,241)48.68% Par 3 Fees 155,000 27,383 56,524 (98,476)36.47% Lawn Bowling 80,000 13,004 23,969 (56,031)29.96% Pro Shop Sales 80,000 15,770 41,905 (38,095)52.38% Pro Shop Rentals 300,000 54,684 110,308 (189,692)36.77% Concession Sales 1,570,000 223,795 666,958 (903,042)42.48% Other Revenue 122,000 9,071 66,703 (55,297)54.67% Interest Earnings 5,000 0 0 (5,000)0.00%(1) Less: Credit Card Charges/Sales Tax 0 0 0 Total Revenue 3,382,000 534,001 1,394,141 (1,987,859)41.22% Expenses: Golf Operations 755,010 73,430 323,747 (431,263)42.88%(2) Course Maintenance 850,740 65,861 366,278 (484,462)43.05% Pro Shop 122,500 13,016 80,171 (42,329)65.45% Grill 1,349,800 150,166 614,519 (735,281)45.53% Driving Range 51,590 6,570 29,980 (21,610)58.11% Par 3 Course 35,710 5,613 11,183 (24,527)31.32% Lawn Bowling 15,400 2,541 5,586 (9,814)36.27% Total Expenses 3,180,750 317,197 1,431,464 (1,749,286)45.00% 1) Interest Earnings are allocated at year-end. 2) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. Fund Balance should be a minimum of $1,060,000 (4 months reserve). City of Golden Valley Monthly Budget Report - Brookview Golf Course Enterprise Fund June 2019 (unaudited) Course opened April 4 Over 2019 June YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 3,000 0 0 (3,000)0.00%(1) State Aid -MNLARS 0 126,926 126,926 126,926 Charges for Services 464,515 37,065 241,368 (223,147)51.96% Total Revenue 467,515 163,991 368,294 (99,221)78.78% Expenses: Motor Vehicle Licensing 446,080 29,634 202,181 (243,899)45.32% Total Expenses 446,080 29,634 202,181 (243,899)45.32% 1) Interest Earnings are allocated at year-end. City of Golden Valley Monthly Budget Report - Motor Vehicle Licensing Enterprise Fund June 2019 (unaudited) Over 2019 June YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 0 (50,000)0.00%(1) Interest Earnings-Other 0 0 0 0 Henn County Grant-Decola 0 670,000 670,000 670,000 (6) State DNR Grant 2,300,000 0 0 (2,300,000)(6) Storm Sewer Charges 2,475,000 196,610 1,173,595 (1,301,405)47.42% Hennepin County 500,000 0 0 Bassett Creek Watershed 1,031,500 0 41,207 (990,293) (5) Miscellaneous Receipts 330,830 0 0 (330,830) Sale or Loss of Assets 0 0 0 0 Total Revenue 6,687,330 866,610 1,884,802 (4,802,528)28.18% Expenses: Storm Utility 5,913,815 64,307 642,756 (5,271,059)10.87%(2) (3) Street Cleaning 130,815 4,301 49,742 (81,073)38.02% Environmental Control 402,605 16,280 139,672 (262,933)34.69% Debt Service Payments 63,950 0 31,750 (32,200)0.00%(3) Total Expenses 6,511,185 84,888 863,920 (5,647,265)13.27%(4) 1) Interest Earnings are allocated at year-end. 2) Depreciation is allocated at year-end and. 3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF. 4) Reserves are being used that were planned. 5) Bassett Creek Watershed Coomission reimbursed the City for a 2019 projects. 6) DNR Grant for Decola Ponds B/C. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. City of Golden Valley Monthly Budget Report - Storm Utility Enterprise Fund June 2019 (unaudited) 2019 Equipment Replacement Fund (CIP) - Fund 5700 2019 June YTD Budget Total Actual Remaining Revenues: Sale of Assets 35,000 0 51,694 16,694 (3) General Fund Transfer 100,000 100,000 100,000 0 VOTF Transfer 10,000 0 10,000 0 (2) Miscellaneous Receipts 1,171 14,686 14,686 Interest Earnings (allocated at year end)23,538 0 0 (23,538) Total Revenues 168,538 101,171 176,380 7,842 Expenditures: Program #Project Number Project Name 5701 V&E-001 Marked Squad Cars (Police)80,000 0 0 80,000 5702 V&E-002 Computers and Printers (Finance)95,000 62,146 84,712 10,288 (1) 5703 V&E-003 Drone (Police)10,000 0 10,449 (449) Fire Hose 0 0 12,480 (12,480)(3) 5772 V&E-009 Skylift 40,000 11,004 11,004 28,996 5791 V&E-022 Pickup Truck (Fire)40,000 0 34,352 5,648 V&E-037 Polaris 6 X 6 (Fire)15,000 0 0 15,000 5768 V&E-060 Bobcat Truckster (park)55,000 0 54,948 52 V&E-109 Single Axle Dump Truck (Street)230,000 0 0 230,000 5768 V&E-116 Bobcat Toolcat 4,500 0 0 4,500 5741 V&E-133 800 MHZ Radios (Public Works Maintenance)100,000 0 115,285 (15,285) V&E-135 Body Cameras/Dash Cams/Software (Police)24,070 0 0 24,070 V&E-141 Pickup Truck (Park)35,000 0 0 35,000 V&E-145 Skid Steer Loader (Street)5,000 0 0 5,000 V&E-156 Trailer (Fire)5,000 0 0 5,000 Total Expenditures 738,570 73,150 323,230 405,340 1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. 2) In 2019, monies were transferred for a purchase of a drone from the VOTF Fund. Further information about projects and financing are located in the 2019-2023 CIP and 2019-2020 Budget. Over 2019 June YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 158,000 25,073 99,841 (58,159)63.19% Backyard Play Area 230,000 10,227 128,758 (101,242)55.98% Miscellaneous Revenues 1,500 0 0 (1,500)0.00% Interest on Investments 0 0 0 0 (1) Total Revenue 389,500 35,300 228,599 (160,901)58.69% Expenses: General Area Rooms 327,780 25,545 148,360 (179,420)45.26%(2) Indoor Play Area 74,620 3,340 24,665 (49,955)33.05% Total Expenses 402,400 28,885 173,025 (229,375)43.00% 1) Interest Earnings are allocated at year-end. 2) Staff Time/Supplies for Brookview Rental City of Golden Valley Monthly Budget Report - Brookview Center Special Revenue Fund June 2019 (unaudited) Over 2019 June YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 30,000 1,953 18,539 (11,461)61.80%(3) Fundraisers 30,000 595 23,741 (6,259)79.14%(4) Interest on Investments 700 0 0 (700)0.00%(1) Total Revenue 60,700 2,548 42,280 (18,420)69.65% Expenses: Supplies 17,100 0 7,224 (9,876)42.25%(4) Allocations 75,000 9,000 43,329 (31,671)57.77%(2) Total Expenses 92,100 9,000 50,553 (41,547)54.89% 1) Interest Earnings are allocated at year-end. 2) Allocations in 2019 are $75,000. 3) Pull Tab revenues are thru April. 4) Solicitation Letters -$6,021-YTD; should be allocated to designation 4) Run/Walk -10,485 YTD (net) 4) Golf Tourney/Lawn Bowling -September Fund Balance at 12/31/18 was $213,624. City of Golden Valley Monthly Budget Report - Human Services Commission June, 2019 (unaudited) 2019 Building Improvement Fund (CIP) - Fund 5200 2019 June YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 400,000 400,000 400,000 0 (1) Interest Earnings (allocated at year end)7,754 0 0 (7,754) Total Revenues 407,754 400,000 400,000 (7,754) Expenditures: Project Name 5210 Replace Co-Vac Heating 175,000 3,360 3,360 171,640 5215 Installation of Building Security Systems 10,000 2,995 3,328 6,672 5208 Council Chambers Remodeling 300,000 270 781 299,219 5202 Public Buildings Roof Replacement 150,000 0 10,568 139,432 Total Expenditures 635,000 6,625 18,037 616,963 1)Transfer was made in June. 2019 Park Improvement Fund (CIP) - Fund 5600 2019 June YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 325,000 325,000 325,000 0 Park Dedication Fee 0 0 20,844 0 Hennepin County Youth Sports Grant 96,000 0 0 (96,000) Little League/Youth Associations/Play Eq Grants 20,000 0 0 (20,000) Other Donations 0 0 0 0 Interest Earnings (allocated at year end)2,832 0 0 (2,832) Total Revenues 443,832 325,000 345,844 (118,832) Expenditures: Project Name 5601 Bleacher, Etc Replacement 25,000 0 25,688 (688) 5602 Park Trail and Parking Lot Improvements 90,000 0 0 90,000 5603 Play Structure Replacement 60,000 0 38,683 21,317 5614 Ball Field Lighting 0 3,480 3,480 (3,480) 5615 Outdoor Basketball and Hoop Replacement 23,000 0 8,070 14,930 5620 Park Signage Replacement 10,000 6,258 9,072 928 5621 Tennis & Pickle Ball Court Resurfacing 15,000 2,800 2,800 12,200 Community Gardens 30,000 0 0 30,000 5608 Relamp Athletic Field and Rink Lights 25,000 2,072 22,571 2,429 5607 Dugout, Fence and Field Replacement 55,000 2,029 18,625 36,375 Scoreboard Update/Replacement 25,000 13,070 30,906 (5,906) Total Expenditures 358,000 29,709 159,895 198,105 Further information about projects and financing are located in the 2019-2023 CIP. Executive Summary For Action Golden Valley City Council Meeting August 7, 2019 Agenda Item 5. A. Minor PUD Amendment – The Xenia Apartments PUD No. 113, Amendment #3 – 770 Xenia Avenue South Prepared By Jason Zimmerman, Planning Manager Summary A proposal to relocate the business center within the building and add one studio unit was considered and postponed at the City Council meeting on July 16, 2019. Following the meeting, the applicant withdrew the proposal. Recommended Action No action is necessary.